WP/24049/2022 of Martha Swapna Vs The State of Telangana and 8 others on 31 December 2024

1. '' Martha [Swapna, ][W/o. ][Srinivas, Hindu, ][Age. ][35 ][Years' ][Occ ][House ][wife']Mandal' Bhadradri KothagudemMandal' Bhadradri Kothagudemnyo.ii. rtro. s-2-a5, rtr.r<.Nagar, Chuncn'pally District.District.

2. The State [of ][Telangana, ][Rep' ][by ][Principal ][Secretary' Revenue ][Department']Secretariat, [HYderabad.]Secretariat, [HYderabad.]

3. The District [Collector, Bhadradri Kothagudem District']

4. The District [Panchayathraj Officer, Bhadradri Kothagudem District']

5. The Mandal [Parishad ][Officer, ][Chunchupally ][Mandal' ][Bhadradri Kothagudem]District.District.

6. The Mandal [Revenue ][Officer, ][Chunchupally ][Mandal' Bhadradri ][Kothagudem]District.District.

7. The Grama [Panchayat Secretary' Vidyanagar Colony' Chunchupally']

8. The Superintendent [of Police, Bhadradri Kothagudem District']

9. The station [House ][officer, chunchupally, ][Bhadradri Kothagudem District]

Petition under [Section ]['t ][51 CPC ][praying ][that ][in the ][circumstances ][stated]intheaffidavitfiledinsupportofthepelition,theHighcourtmaybepleasedtovacate the [interim orders passed ][in ][lA NO' 2 ][of ][2022 in ][WP ][No ][24049 ][of ][2022]datedlS.0T.2022inaccoldancetotheordersofthedivisionbenchpassedinwA No. 487 Ol [2)22and ][to ][dismiss ][the ][writ ][petition ][in ][the interest ][of ][justice']

Counsel [for the Petitioner: ][SRI ][CHAKRAVARTHY'P'V'S'K]

Counsel for [the ][Respondent No'1, ][2 & 5: GP FOR ][REVENUE]

Counsel for [the ][Respondent No'3: ][GP FOR PANCHAYAT ][RAJ ][& ][RURAL DEV]

Counsel [for the ][Respondent No'4 & ][6: SRI P'KISHORE RAO']

SC FOR GRAM [PANCHAYAT]

Counsel for [the ][Respondent No'7 & ][8: GP ][FOR HOME]

Counsel for [the- ][Respondent ][No'9: ][SRI ][B'MAHENDER ][REDDY]

WRIT PE[TITION ][NO:3][ 032][60F ][2024]

Between:Vemula Pushpalatha' [W/o ][V'shankar' ][aged ][47.vears' ][Occ' ][Housewife' ][Fi/o']3-1-230, [Vidvanagai ][cblbtiv, ][EnJ"ihu"paltv ][(M)' ][Bhadradri ][Kothagudem]District

,a'r

AND

1The State of Telangana, tep by its Secretary, panchayat Raj and Ruraltievelopmenl Department, Secretariat, Hyderabad.tievelopmenl Department, Secretariat, Hyderabad.

2The District Panchayat Officer, Bhadradri Kothagudem Distric{, 3The Vidyanagar.9qtpny Grama Panchayat, Rep by -its panchayat Secretary,Chunchupally (M), Bhadradri Kothagudem District. Chunchupally (M), Bhadradri Kothagudem District.

4f{tg!f.a N.K.Nagar (V), [Swgqna, ]C:hunchupally [Wo.Srinivas ](tU),Bhadradii [Aged ][36 ][yrs., Occ. ]Kothagudem [Housewife, ]Disitrict. [R:/o.5-2_35,]- - - - -. 'f{tg!f.a N.K.Nagar (V), [Swgqna, ]C:hunchupally [Wo.Srinivas ](tU),Bhadradii [Aged ][36 ][yrs., Occ. ]Kothagudem [Housewife, ]Disitrict. [R:/o.5-2_35,]- - - - -. '

Petition under Article 226 of the constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High court may bepleased to issue an order or direction or writ more particularly one in the natureof writ of Mandamus, declaring the action of the Respondent No.li in not grantingthe building permission in favour of the petitioner in respect of the house bearingH.No. 3-1-230 (old No.3-1-157) of vidyanagar corony viilage, chiunchupailyMandal, Bdradri Kothagudem District, on the ground of pendency ofvrlPNo.24o49l2o22 ancl wpNo.3499/2023 and to abide by the orders of thrsHon'ble court, as arbitrary, iflegar, unreasonabre, viorative of provisions of theTelangana Panchayat Raj Act, 2o1g and Rules made thereunder and amountsnon exercise of powers vested on it, viorative of principres of naturar justice andviolative of Articre 14, 21 and 3004 of constitution of rndia and the same may beset aside and a direction may be issued to the Respondent No.3 to consider theapplication of the petitioner for building permission.

lA NO: 1 OF 2024

lA NO: 1 OF 2024

Petition under section 151 cpc praying that in the circumstances statedin the affidavit filed in support of the petition, the High court may be pleased toin the affidavit filed in support of the petition, the High court may be pleased topass an interim order directing the respondent No.3 to consider the apprication ofthe petitioner for buirding permission for premises No.3-'1-230 ,rf Vidyanagar i7

Colony [Village, ][Chunchupally ][Mandal' without ][reference ][to ][pendency ][of ][writ]petitions [WPNo.24049/2 ][o22 ][and ][WPN..3499/2003, ][dUring ][the ][pendency ][of ][writ]petition, [in ][the ][interest ][of ][justice']

Counsel [for the Petitioner: ][SRI ][B'MAHENDER ][REDDY]Counsel [forthe ][Respondent ][No'1 ][& ][2: GP FOR PANCHAYAT ][RAJ ][RURAL DEV]

Counsel [for the ][Respondent No'3: ][SRI ][P'KISHORE-RAO']SC FOR GRAM [PANCHAYAT]

The Court [made ][the ][following: ][COMMON ORDER]

THE HON'BLE SMT. JUSTTCE T. MADHAVI DEVI

Writ Petitio nNo.24O49 of 2022andWrit Petition No.3O3 26 of 2o24

CMMON ORDER:

Since the issue involved in both the Writ petitions is common, thev are taken up together and are being disposed ofby this common and consolidated order.2. Writ [petition ]No.24O49 of 2022 is filed seeking a Writof Mandamus to declare the inaction of respondents No.4 & 6in taking an1' action against the illegal construction beingmade by respondent No.9 without obtaining any permissionfrom respondent No.6-Gram panchayat in respect of Housebearing No.3-1-230 (new) and 3_l_1S7 (o1d) in the year 1992and 3-1-109 (okl) in the year- IOSZ situated at VidyanagarColony, Chunchupally Manda-l, Bhadradri KrtthagudemDistrict, and in not implementing the orders of t.espondentNo.5 issued on 20.O5.2O22 to the respondent No.4, as illegal,arbitrary and consequently, to direct the respondents No.4 &6 to stop the construction being carried on by respondentNo.9 and to pass r;uch other order or orders.

./I

The brief facts brief facts facts [[leading ]][[to ][the ][filing ][of W'P'No'24049 ]][[the ][filing ][of W'P'No'24049 ]][[filing ][of W'P'No'24049 ]][[of W'P'No'24049 ]][[of]]

3 The brief facts brief facts facts [[leading ]][[to ][the ][filing ][of W'P'No'24049 ]][[the ][filing ][of W'P'No'24049 ]][[filing ][of W'P'No'24049 ]][[of W'P'No'24049 ]][[of]]i). 2022 are that the [petitioner claims ][that ][her ][grandfather-]Vemula chandraiah [was ][the original ][owner ][of ][the property of]house bearing [No.3-1-23O ][(new) ][and 3-1-157 ][(old) ][in ][the ][year]1992 atd.3-1-1O9 [(old) ][in ][the ][year ][1987 ][situated ][at Vidyangar]Colony, Chunchupally [Mandal, Bhadradri ][Kothagudem]District within [the ][boundaries mentioned ][therein' ][Initially' ][it]was Ac.0.O2 [guntas ][of ][vacant ][land and ][the ][petitioner's]had [constructed ][small ][houses ][thereon' ][It ][is]grandfather submitted that [the ][said ][Vemula Chandraiah ][and ][his ][wife]Venkata Lakshmamma [were blessed ][with ][three ][sons ][and ][two]and [petitioner's ][father-Vemula ][Rajesham ][was ][the]daughters eldest son and [respondent ][No'9's ][husband-Vemula Shankar ][is]the third son.

3 submitted [that ][after ][the ][death ][of ][Vemula]ii). It is Chandraiah, [there ][was ][a ][partition ][between ][two ][brothers']pursuant to which, [85 ][square ][yards ][of ][house ][site ][was]acquired by the father [of the ][petitioner-Rajesham ][and]thereafter, he executed [a ][gift ][deed ][in ][favour ][of ][the ][petitioner at]the timeof her marriage [under ][Pasupu-Kunkuma' ][The]

petitioner claims to have obtained permission under

Indiramma policy for house construction and permission wasgiven by the District Collector, Khammam, vide proceedingsNo.A9l 1O8/20O7, dated 2O.OT.2OOZ and accordingly, sheconstructed the house, but, on l2.OT.2O2l respondent No.9along with her family members forcibly entered into theirproperty and demolished the said house with JCB andthereafter, startr:d ilregal construction over the same. Thepetitioner claims to have made a representation to therespondent No.4 and also respondent No.5 for stopping theillegal construction and respondent No.5 has directed therespondent No.4 to stop the illegal construction being made byrespondent No.9, but respondent No.9 was continuing withthe construction without any permission and that respondentNo.9 and her farnt ly members were threatening the petitionerwith dire consequences.

It is submitted that is submitted that submitted that respondent No.g has filed a suit inhas filed a suit infiled a suit insuit inin 3 iii).It is submitted that is submitted that submitted that respondent No.g has filed a suit inhas filed a suit infiled a suit insuit ininrespondent No.g has filed a suit inhas filed a suit infiled a suit insuit ininO.S.No.248 of 2OOB agarnst the petitioner,s father forperpetual injunction and initially, the same was granted to thepetitioner though the suit was not maintainablea{1dinitially, the same was granted to thepetitioner though the suit was not maintainablea{1d irIll the suit [was ][returned ][on ][the ][jurisdictional]subsequently, point. Thereafter, respondent [No.9 ][hled ][another ][suit ][in]O.S.No.593 of 2021 [on the file of the ][Sub-Divisional]Magistrate & Special [Assistant Agent ][to ][the ][Government']Mobile Court, [Bhadrachalam along ][with ][I'A'No ]['622 of ][2O2l]and initially, ad-interim [injunction ][was ][granted and ][later ][the]sarne was [vacated, vide ][order ][dated ][19.08 ]'2021' [But, ][since ][the]said vacated interim [order ][was ][missing from ][the court bundle']the trial Court [has ][passed ][a ][docket order dated 06'05'2022]that [the ][earlier ][injunction ][order ][was ][in ][force ][and]observing without permission [from the ][concerned ][authorities']No.9 [started rnaking ][construction ][in ][the ][site of the]respondent petitioner. It is submitted [that ][the petitioner's husband, ][who]was a defendant in [the suit, ][filed Civil ][Revision ][Petition]No.114O of 2022 [before ][this ][Court and ][this ][Court has ][passed]an interim order [on ][2O.O5.2O22 ][suspending ][the ][docket ][order]dated 06.05 .2022 [and ][therefore, mere pendency of ][O'S'No'593]of 2O2l does not [give ][any ][immunity ][to ][respondent ][No'9 ][for]making construction [without ][obtaining any ][permission ][from]the concerned authority. [Aggrieved ][by ][the ][iltegal ][construction]

being [continued ][by ][respondent ][No'9' ][the ][petitioner ][has ][filed]W.P.No.24O49 [of ][2022']

Heard Sri Sri [P.V.S'K. Chakravarthy, learned ][<:ounsel ][for]

4Heard Sri Sri the petitioner, [Sti ][P. Kishore ][Rao, ][learned Standing ][Coutrsel]appearing [for ][resPondents ][No'4 ][& ][6'][ leafned ][Governmefll]Pleader [for ][Reve^ue appearing ][for ][respondents ][No' ][l' ][2' ][&' ][5t]learned Goverum.ent [Pleader ][for ][Panchayat ][Raj ][appearing ][ftit]respondents [No.3, ][learned ][Got'ernment ][Pleader ][for ][Home]appearing [for ][respondents ][No'7 ][& ][8, ][Sri ][B' ][Mahender ][Reddy;]learned counsel [lor ][respondent No'9 ][in ][W'P'No'24049 ][of 2022]and also for [the ][petitioner ][in ][W.P'No'3 ][0326 ][of ][2024' ][p"ru"ti]the material avaitable [on record']5. The learned counsel [for ][the petitioner ][in ][W'P'No'24049]of 2022 has [drarvn ][the ][attentiorl ][of ][this ][court ][to ][the ][partition]d.eed,giftdeedlliveninfavourofthepetitionerandvariousrepresentation.s [made ][by ][the ][petitioner ][to ][the ][concerned]authorities [and ][also shown ][the ][photographs ][of the]respondent building to demonstrate [that ][the ][construction of ][building ][is]going on. Accorrling [to the petitioner, ][no permission has ][been]

^*l obtainedfromtheGrarnPanchayatbeforemakingsuchconstructlon.6. At the time [of ][admission, ][vide ][order ][dated ][26'05'2022]in W.P.No.24O49 [of ][2022, ][this ][Court ][had ][directed ][the]No.4 [& 6 to ][consider ][the ][petitioner's]respondents representation [dated ][20.O5'2O22 ][and ][take ][appropriate ][action]as per the endorsement [of the ][respondent ][No'5' ][Thereafter']when the matter [czune ][up ][for ][hearing ][on ][l8'O7'2O22' ][thrs]Court had [modified ][the ][interim ][order ][by ][observing ][that]respondent [No.9 ][is ][making construction ][without ][having ][any]building permission [and ][therefore, ][the ][Gram ][Panchayat ][was]directed to [seal ][the building ][in ][question and ][file ][a ][report ][along]with the [photographs ][by the next ][date ][of ][hearing' ][The ][said]modihed interim [order ][was ][challenged ][by ][respondent ][No'9 in]Writ Appeal [No.487 ][of ][2022 before ][the Division ][Bench ][and in]the said [Writ ][Appeal, ][the ][interim ][order ][dated l8'O7'2022 ][was]modified by [staying ][the ][portion ][of ][the order ][dated ][l8'O7 ]['2022]directing the [Gram ][Panchayat ][to ][seal ][the building ][in ][question]and hle a report [along ][with ][the ][photographs ][by ][the next ][date]of hearing. Thereafter, [respondent ][No'9 has ][filed I'A'No'2 ][of]

2022 to vacare:he interim order dated I9.O7.202,.2 in LA.No.2of 2022 in W.P.No.24O49 of 2022 and vide orders dated71.O4.2022 this Court had modihed the said interim order andpermitted the vrlcate stay petitioner i.e., respondent No.9 inW.P.No.24O49 of 2022 to complete the internal works, butthat he shall not raise any constructions over the subjectproperty and whatever are the constructions carriecl out byher on the subject property, they are subject to the outcome ofthe writ petition.7. Respondent No.3 as well as Respondent No.9 have frledtheir respective ,:ounter affidavits. According to respondentNo.9, she is the owner of the property having purchased thesame in the yeerr 1992 and, even in the Gram panchayatrecords, her name is recorded as the owner and possessor ofthe subject property. It is submitted that there is an old anddilapidated housr_- in the said land and therefo.: she hasobtained permission from the Gram panchayat to remove thesaid dilapidated house and to construct the new housethereon. A copy. of the resolution of Gram panchayat ofVidyanagar Coiony dated 12.05.2O2I along with plan is f,led

before this Court. [It ][is ][submitted ][that ][respondent ][No'9 ][is]tax for [various years ][and ][also ][enclosed the]paying property copies of receipts. [It ][is ][further ][submitted ][that ][C'R'P'No'650 ][of]2023 was also [disposed ][oi ][vide ][orders ][of ][this ][Court ][dated]28.04.2023 [observing ][that ][the ][interim ][order has already ][been]vacated and therefore [directed the ][trial ][Court to ][dispose of ][the]suit within [a period ][of ][six months ][from the ][date of receipt ][of]the order. He [further ][submitted ][that ][the ][interim ][order ][in]I.A.No.626 of [2O2l ][was ][vacated, ][vide ][order ][dated ][28'09'2022]and by virtue of [the ][suspension ][of ][docket ][order ][dated]06.05.2022, [the ][order dated ][28'09 ][2022 ][was ][restored ][to ][hle]and now there [is ][no ][interim ][order ][against respondent ][No'9]herein.8. Respondent No.3 [also ][has filed ][his ][counter ][afhdavit]stating that in [the][ Gram ][PanchaYat ][records, ][the ][name ][of]respondent No.9 [is ][recorded ][as ][the ][owner ][and ][possessor of ][the]subject [property since ][1992 ][and ][that ][the ][said ][area being ][a]tribal area, no [building ][permission ][can be given ][and therefore']constructions are [being made ][without ][any ][permissions ][and]aJter making constructions, [the ][Gram ][Panchayats ][are]

assrgnlng user number for levying of service tax It is stated that all the co,structions existing in the schedrrle area arewithout construction permissions and where the civil disputesarise between the parties, writ petitions are being hled underthe guise of unauthorized constructions. However, it is ftrrtherstated that respondent No.9 had contirlued with illegalconstruction in spite of the directions of this court anil alsonotices issued b1. the respondent authorities.

9. It is at this stage that the respondent No.9 has filed W.P.No.3O326 o1' 2024 submLtting that she has rnade arrapplication for building permission ahd the same has rrot beerlconsidered by thr: respondents so far, The writ petiticiner inW.P.No.24O49 of 2022 is made as party respondent No.4 tothe Writ Petition No.3O326 of 2024.

No counter afhdavit has been filed by the respective 10partles in W.P.No.,30326 of 2024.

i1. On the basis of the averments made in W.p.No.24O49of 2022 and having regard to the rival contentions and thematerial on record, this Court finds that the ownership of theI

I

ijilI

I

t-

subject property is in [question. ][While the ][writ ][petitioner in]W.P.No.240 49 of 2022 claims [that ][her ][father ][has acquired ][the]subject property through [partition, ][the ][respondent ][No'9 ][is]claiming to have [purchased ][the ][said ][property. ][Respondent]No.3 has clearly stated that [the ][subject property ][is ][in ][the]name of respondent [No.9 ][in ][the Gram ][Panchayat records']

The petitioner petitioner in W.P.No.24O49 [[of ][2022 ][has ][filed]][[2022 ][has ][filed]][[has ][filed]][[filed]]

L2. The petitioner petitioner in W.P.No.24O49 [[of ][2022 ][has ][filed]][[2022 ][has ][filed]][[has ][filed]][[filed]]copies ofunregistered [partition ][deed ][and ][also ][unregistered gift]deed, while respondent [No.9 ][has ][produced ][copies ][of ][property]tax receipts and also the [permission obtained ][from ][the]Vidyanagar Colony Gram [Panchayat ][for ][making ][the]construction. It is also [evident ][that ][respondent ][No'9 ][has filed]a suit before the civil Court [and ][had ][initially ][obtained ][the]interim order, which has [been ][vacated ][subsequently and after]suspension of the docket [order ][dated 06.05.2022, there ][is ][no]injunction order in favour [of ][respondent ][No.9. ][Respondent]No.9 has now hled an [application ][for ][construction ][permission]and therefore, respondents [No.S ][& 6 ][have ][to ][look ][into ][the]matter and consider the same [and ][pass orders thereon ][in]accordance with law.

;

13. In vier.v c,f the above, as this Court cannot go into the

;

13. In vier.v c,f the above, as this Court cannot go into the title of the sutrject property and it is only the civil Court whichis competent to do so, this Court deems it fit and proper todirect the resporrdents No.S and 6 to look into the documentsfrled by both the parties and consider the same and grantpermission to respondent No.9, if she satishes that she hasprima facie title to the subject property. As already observedby this Court. the construction made by respondent No.9,shall be subject to the result of the dispute before the civilCourt.

i4.

With the above observation and direction, both the writ petitions are disposed of. No order as to costs.

Miscellane<tus applications, if any, pending in this writpetition, shall stand closed.petition, shall stand closed.

SD/. P.CH.NAGABHUSHAMBA

ASSISTANT REGISTRAR I

REGISTRAR Isecrroruitrrcen [\]

//TRUE COPY//

To,

1. The Principal Secretary, Revenue Department, Secretariat, Hyderabad, Stateof Telangana.of Telangana.

2- The Secretary, Panchayat Raj and Rural Development Department,Secretariat, Hyderabad, State of Telangana.Secretariat, Hyderabad, State of Telangana.

3. The District Collector, Bhadradri Kothagudem District.

4. The District Panchayat Officer, Bhadradri Kothagudem District, CY

t

5 Il]" !anc.!a;r.q{ €ecretary,- .Vidyanagar Cotony Grama panchayat,Chunchupally (M), Bhadradri Kothagudem District.Chunchupally (M), Bhadradri Kothagudem District.

6. The District Panchayathraj Officer, Bhadradri Kothagudem Dishict.

7. The Mandal Parishad officer, chunchupally Mandal, Bhadradri KothagudemDistrict.District.

8. The Mandal Revenue Officer, Chunchupally Mandal, Bhadradri KothagudemDistrict.District.

9. The Grama Panchayat Secretary, Vidyanagar Colony, Chunchupally.

10. The Superintendent of Police, Bhadradri Kothagudem District.

1'1 .The station House officer, chunchupaily, Bhadradri Kothagudem District

12. One CC to SRI CHAKRAVARTHY.p.V.S.K., Advocate tOpUCltOpUCl

13. One CC to SRI B.MAHENDER REDDY, Advocate tOpUCl

14. One CC to SRI P.KISHORE RAO, SC FOR GRAM PANCHAYAT tOpUCI

1s.Two CCs to GP FOR PANCHAYAT RAJ RURAL DEV, High Court for thePANCHAYAT RAJ RURAL DEV, High Court for theState of Telangana at Hyderabad [OUT]

'16. Two CCs to GP FOR HOME, High Court for the State of Telangana atHyderabad [OUTIHyderabad [OUTI

17. Two ccs to GP FoR REVENUE, High court for the state of rerangana atHyderabad [OUT]Hyderabad [OUT]

18. Two CD Copies

BSR

---t- - --

)

CC TODAY

HIGH COURT

DATED: 3111212024

I1t,E [S ][l/\f]Ikr:ll, Iartir,\[':r],..4,-\,1-4

COMMON ORDER

WP.No.24049 of 2022ANDANDWP.No.30326 of ZO24

DISPOSING OF BOTH THE WRIT PETITIONS,WITHOUT COSTS

I