Telangana High Court
WP/25992/2022 of Vallapudasu Kalamma Vs The State of Telangana and 4 others on 29 December 2022
wo Shayanna, occ: Agriculn,e, R/o Matampally village and Mandal, Suryapet District. AND ...PETITIONER 1. The State of Telangana, \"p. by its principal Secretary, panchayat Raj and Rural - Development Department, Secretariat, Hyderabad. 2. The Dishict Collector (pR), Suryapet Diitrict,
IIIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD(Special Original Jurisdiction)THURSDAY, THE TWENry NINTH DAY OF DECEMBERTWO THOUSAND AND TWENryTWOPRESENT
TIIE HON'BLE SMT JUSTICE LALITIIA KANNEGANTIWRIT PETITIONNO:2 5992 0F 2022
Between:
v,alla.pudasu Kalamma, wo Shayanna, occ: Agriculn,e, R/o Matampally village andMandal, Suryapet District.Mandal, Suryapet District.
...PETITIONER
AND
1. The State of Telangana, \"p. by its principal Secretary, panchayat Raj and Rural[Development Department, ][[Secretariat, ]][[Hyderabad.]]2. The Dishict The Dishict Dishict [Development Department, ][[Secretariat, ]][[Hyderabad.]]2. The Dishict The Dishict Dishict [[Secretariat, ]][[Hyderabad.]]2. The Dishict The Dishict Dishict Collector (pR), Suryapet Diitrict, Suryapet.
3. The District Panchayat Oflicer. Suiaypet Disrrict Panchayat Suiaypet Disrrict4. Matampally Gram Fanchayat, nep. bv its Secretary, Matampally vi age and Mandal,Suryapet District.Suryapet District.
5. Yaragani Vrjjyalakshmi, wo Gurvaiah, r/o H.No. 1-95, opp. srinivasa Theatre,Huzumagar, Suryapet District.Huzumagar, Suryapet District.
...RTSPONDENTS
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the affidavit fited therewith, the High cou.t may-be pleased toissue an appropriate writ, order or Direction, more particulaily one in the natuie of writof Mandamus, to declare the inaction of the Respondent Nos. 3 and 4 in takins steDs tostop the iilegal and unauthorized construction made by the 5th respond"it in *,"petitioners land in Sy.No. 472 admeasting Ac. 2.03 gts., situated at Matampally villageand Mandal, Suryapet District, without any valid permission, inspite of the writtenrepresentation dt 29-10-2021 followed by personal visits, as being illegal, arbitrary,unjust and unconstitutional and consequently direct the respondent authorities to pulldown the illegal and unauthorized construction made by the 5,b respondent in the abovesaid land; IA NO; 1 OF 2022
Petition under Section 151 cpc praying that in the circumstances stated in theaffidavit filed in support of the petition, the High court may be pleased to direct therespondent authorities to forthwith stop the illegal and unauthorized construction madeby the 5th respondent in the petitioneis land iriSy.N o. 472 admeasnring Ac. 2.03 gts.,situated at Matampally village and Mandal, Suryapet District;Counsel for the Petitioner :SRI. KARLNAKAR RIDDYCounsel for the Respondent Nos. 1,2 & 3 : Gp FOR [pANCIIAYAT ]RAJRURAL DEVCounsel for the Respondent No.4 :Mr. [p ]KISHORE RAOCounsel for the Respondent No.5 :SRI [pALLE ]NAGESWAR RAO
IA NO: 2 OF 2022
Betwcen:
Smt. Yaragani Jayalakshmi @ Y aagani Vijayalakshmi, Wo Yaragani Gurvaiah, Occ: Housewife, fuo H.No. 1-95, Opp. Srinivasa Theatre, Huzumagar Town & Mandal, SuryapetDistrict, TS.
... Petitioner/5tL Respondent
AND
1. Vallapudasu Kalamma, Wo Shayanna, Occ: Agriculture, R-/o Matampally Village &Mandal, Suryapet District, TS.Mandal, Suryapet District, TS.
Respondent/Petitioner
2. The State of Telangana, Rep. by its Principal Secretary, Panchayat Raj and RuralDevelopment Department, Secretariat, Hyderabad, TS.Development Department, Secretariat, Hyderabad, TS.
3. The District Collector (PR), Suryapet, Suryapet District, TS.
4. The District Panchayat Offrcer, Suryapet, Suryapet District, TS.5. Matampally Gram Panchayat, Rep. by its Secretary, Matampally village & Mandal,Suryapet District, TS.5. Matampally Gram Panchayat, Rep. by its Secretary, Matampally village & Mandal,Suryapet District, TS.
Respo n d e n ts/Responden ts
Petition under Section 151 CPC praying that in the circumstances stated in theaffidavit filed in support of the petition, the High Court may be pleased to vacate theinterim orders passed in W.P.No. 25992 of 2022, dated: 2l .06 .2022, and consequentlydismiss the main W.P. No. 25992 of 2022, by imposing exemplary costs on the Writpetitioner; :M/S PALLE NAGESWAR RAO: SRI. KARUNAKAR REDDY
Counsel for thc PetitioncrCounsel for the Rcspond€nt No.1Counsel for the Respondent Nos. 2,3 & 4RURAL DEVCounsel for the Respondent No.5Tlre Court rnade thc lbllowing:
:GP FOR PANCI{AYAT RAJ
:Mr. P KISHORE RAO
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION No.25992 of 2o22
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ORDER:
The writ petition is filed seeking the following relief:
"... to issue an appropriate Writ, Order or Direction more particularly onein the nature of Writ of Mandamus to declare the inaction of theRespondent Nos.3 and 4 in taking steps to stop the iliegal andunauthorized construction made by the 5tt respondent in the petitionersland in Sy.No.472 admeasuring Ac.2.O3gts, situated at Matampallyvillage and Mandal, Suryapet District, without any valid permissioninspite of the written representation dt.29-7O-2O21 followed by personalvisits as being illegal, arbitrar5r, unjust and unconstitutional andconsequently direct the respondent authorities to pull down the illegaland unauthorized construction made by the 5ft respondent in the abovesaid land and .....".
2.
2. Mr. Karunakar Reddy, learned counsel for the petitionersubmits that the unofficial respondent is illegally malingconstructions in the subject land of the petitioner and in that regard,the petitioner gave a representation to the respondents. He subrnitsthat the respondents have not taken any steps to stop the illegalconstructions that are being made by the unoflicial respondent.
3. Mr. P. Kishore Rao, learned standing cou.nsel for therespondent grampanchayat submits that he will come up with acounter afhdawit.
4. This writ petition writ petition petition is filed questioning the inaction of thefiled questioning the inaction of thequestioning the inaction of thethe inaction of theinaction of theof thetherespondents in not taking steps to stop the illegal and r.rnauthorizedconstruction that is being made by ttre unofficia_l respondent in the This writ petition writ petition petition is filed questioning the inaction of thefiled questioning the inaction of thequestioning the inaction of thethe inaction of theinaction of theof thethe (
t
t
petitioner's land. The petitioner has given several representations tothe respondents wherein he has stated about the fraud that wasthe respondents wherein he has stated about the fraud that wasplayed with regard to the entries and mutation of the names in therevenue records. Now, the relief that is sought by the petitioner iswith regard to action against the illegal constructions. In this regard,the petitioner has not given any representation to any of therevenue records. Now, the relief that is sought by the petitioner iswith regard to action against the illegal constructions. In this regard,the petitioner has not given any representation to any of therespondents and straightaway, he has come up before this courtseeking this plea. Hence, this court is not inclined to pass orders assougtrt by the petitioner.seeking this plea. Hence, this court is not inclined to pass orders assougtrt by the petitioner.
5. Accordingly, the writ petition is disposed of. The petitioner isat liberty to make appropriate representation to the respondents.There sha1l be no order as to costs.
The Miscellaneous Applications, if any shall standautornatically closed.
SD/- K. SREERAMA MT]RTIIYASSISTANT REGISTRAR
//TRUE COPYII
\-SECTION OFFICER
'I'o,
I . The Principal Secretary, Panchayat Raj and Rural Development Department, State ofTelangan4 Secretariat, Hyderabad.Telangan4 Secretariat, Hyderabad.
2. The District Collector (PR), Suryapet District, Suryapet.3. The District Panchayat OfEcer, Suraypet District4. The Secretary, Matampally Gram Panchayat, Matampally village and Mandal,Suryapet District.5. One CC to SRI. KARTINAKAR REDDY Advocate [OPUC]
6. One CC to SRI. P KISHORE RAO Advocate [OPUC]
7. One CC to M/S PALLE NAGESWAR RAO Advocare [OPUC]8. Two CCs to GP FOR PANCHAYAT RAJ RURAL DEV, High Court for the State ofTelangana. IOUT]8. Two CCs to GP FOR PANCHAYAT RAJ RURAL DEV, High Court for the State ofTelangana. IOUT]9. Two CD Copies HIGH COURT
LKJ
DATED:29112/2022
ORDF],R
WP.No.25992 of 2022
WRIT PETITION IS DISPOSEDOF WITHOUT COSTS
.\gE S 1416-ef,o(-)25tAN [2[23]-:f