Telangana High Court
WP/47020/2018 of Mr.Rama Chandra Reddy Vs The State of Telangana, on 28 December 2018
P.NAVEEN RAO WRIT PETITION NOs.47013, 47015, 47020 & 47072 OF 2018 Date: 28.12.2018 Writ Petition No.47013 of 2018: Between: Mr. Narapi Reddy Veerababu, s/o. Narapi Reddy Laxman Rao, Aged 23 years, occu: Business, r/o.4-9-125/ A /1/2/5, Mushk Mahal, Attapur, Near shiva Temple, Pandu Ranga
Date: 28.12.2018
Writ Petition No.47013 of 2018:
Between:
Mr. Narapi Reddy Veerababu, s/o. Narapi Reddy Laxman Rao, Aged 23 years, occu: Business, r/o.4-9-125/A/1/2/5, Mushk Mahal, Attapur, Near shiva Temple, Pandu Ranga Nagar, Rajendranagar, Ranga Reddy district.
…..Petitioner
and
The State of Telangana, rep.by its Prl.Secretary, Panchayat Raj Department, Secretariat, Hyderabad and others.
…..Respondents
The Court made the following:
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COMMON ORDER:
Petitioners claim to be the owners of their respective house plots and claimed that they are undertaking construction of buildings in their respective house plots after obtaining building permissions from the Gram Panchayat. While so, illegally the Panchayat Secretary is interfering in the construction activities.
2. Learned standing counsel informs the Court that having found that building permissions were not obtained by the petitioners, notices dated 14.11.2018 were issued to them, but so far no explanation is filed. Learned counsel for petitioners disputes the factum of service of notices on petitioners in W.P.Nos.47013 and 47072 of 2018. He admits that notices were served on the petitioners in W.P.Nos.47015 and 47020 of 2018 and though petitioners filed explanations to the notices, without passing final orders, the Panchayat Secretary is threatening to demolish the house plots. Learned standing disputes the receipt of explanations. However, Court is not going into this controversy.
3. Since notices were claimed to have been served on the petitioners and if the explanations are already received by the Gram Panchayat, the Gram Panchayat shall consider the explanations and pass appropriate orders. The Panchayat Secretary shall verify the service of notices on all petitioners and also shall verify whether explanations are received by him. Such of the petitioners, who have not submitted explanation, are granted liberty to file explanations by 03.01.2019 and if such explanations are filed on or before 03.01.2019, the Panchayat Secretary shall consider those explanations and pass appropriate orders. Till orders are passed by the Gram Panchayat, it shall not take any coercive action against petitioners. If no explanations are filed, it is open to Gram Panchayat to take further action as warranted by law. Petitioners are also restrained from undertaking any construction activity in the subject premises in their respective house plots.
4. Writ Petitioners are accordingly disposed of. Pending miscellaneous petitions shall stand closed.
Date: 28.12.2018 kkm
___________________________ JUSTICE P.NAVEEN RAO
kkm
Date: 28.12.2018