Telangana High Court

WP/25207/2004 of Emmadi Vijaya Kumar, Vs The District Panchayt Officer, on 31 December 2004

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COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 25207 of 2004 Between: Emmadi Vijaya Kumar, S/o. late Sri Ramaiah, R/o. H.No. 2-5-83,

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

FRIDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE MR JUSTICE N.V. RAMANA

WRIT PETITION NO : 25207 of 2004

Between:

Emmadi Vijaya Kumar, S/o. late Sri Ramaiah, R/o. H.No. 2-5-83, Bukka Bazar,Station road, Old Bazar, Mahabubabad, Warangal District.

..... PETITIONER

AND

1 The District Panchayat Officer, Warangal District.

2 The Divisional Panchayat Officer, Mahabubabad, Warangal.

3 The Gram Panchayat, Mahabubabad, rep. by its Panchayat Secretary, Warangal District.

.....RESPONDENTS

Petition under Article 226 of the Constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased toissue a Writ, Order, or Direction, more particularly one in nature of Writ of Mandamusdeclaring the action of the 3[rd] respondent in issuing the notice in file No. File No.1150/GPM/04-A3, Dt. 27.12.2004, as wholly illegal arbitrary and unwarranted andwithout any justification and violative of Art. 300-A of Constitution of India.

For the Petitioner: MR.V.VISHWANATHAM, Advocate.

For the Respondent Nos.1 and 2: GP for Panchayat Raj and Rural Development.

For the Respondent No.3: SMT.JYOTHI ESWAR GOGINENI, SC for Mahabubabad Gram Panchayat The Court at the stage of admission made the following :

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ORDER:

The petitioner claims to be owner of House bearing No.2-5-87/1, admeasuring 81.32square yards situated at Mahabubabad Gram Panchayat. He states that afterobtaining necessary permission from the third respondent-Gram Panchayat, hestarted constructing new house therein in accordance with the sanctioned plan, andthough somebody made complaints objecting the construction, the third respondentsatisfying with the explanation submitted by him on 08-12-2004, allowed him tomake construction. His grievance is that though he is making construction inaccordance with the sanctioned plan, at the behest of some complainants, the thirdrespondent issued the impugned notice, dated 27-12-2004 directing him to stop theconstruction. Questioning the impugned notice, the petitioner filed the present writpetition.

Heard the learned counsel for the petitioner and the learned Standing Counsel forthe third respondent-Gram Panchayat.

Having regard to the facts and circumstances of the case, I deem it appropriate todirect the petitioner to submit explanation to the impugned notice, dated 27-12-2004issued by the third respondent, and on such submission, the third respondent shallconsider the explanation of the petitioner and pass appropriate orders thereon inaccordance with law. Till such time, the respondents shall not demolish the structureof the petitioner.

With the above directions, the writ petition is disposed at the stage of admission. Nocosts.

Date: 31-12-2004

Svv

______________

N.V. RAMANA, J

1 The District Panchayat Officer, Warangal District.

2 The Divisional Panchayat Officer, Mahabubabad, Warangal.

3 The Panchayat Secretary, Gram Panchayat, Mahabubabad, Warangal District.District.

4 Two CCs. to the Government Pleader for Panchayat Raj and Rural Development, High Court Buildings, A.P., Hyderabad (OUT).Development, High Court Buildings, A.P., Hyderabad (OUT).

5 Two CD copies.

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