Poddupodupu Gangareddy v. The State Of Telangana

[ 3302 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINTH DAY OF DECEI\,BER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K. SARATH WRIT PETITION NO: 29747 OF 2023 Between:

Poddupodupu Gangareddy, S/o. Rajagangaram, Age 58 years, Occ ; Agriculture, N o. 1 2-29, Rudrangi Villageand lVlandal, Rajanna-Siricilla District. .....PETITIONER AND

1. The State of Telangana, Rep by its Principal Secretary, Panchayat Raj Department, Secretariat, Hyderabad.

2. The District Collector, Rajanna-Siricilla District.

3. The District Panchayat Raj Officer, Rajanna-Siricilla District.

4. The Divisional Panchayat Raj Officer, Rajanna-Siricilla District.

5. The Mandal Parishad Development Officer (MPDO), Rudrangi Mandal, Rajanna-Siricilla District.

6. The Mandal Surveyor, Rudrangi Mandal, Rajanna-Sirhilla District.

7. The Panchayat Secretary, Rudrangi Gram Panchayat. Rudrangi Mandal, Rajanna-Siricilla District.

8. Chilagani Raju, S/o. Veeraiah, Age 45, Occ ; Agriculture, Fl/o.Rudrangi Village Rudrangi Mandal, Rajanna-Siricilla District.

.....RESPONDENTS Petition Under Article 226 of the Constitution of lndia praying that in the l circumstances stated in the affidavit filed therewith, the High Court may be l pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the action of the 7th respondent Gram Panchayat in granting building permission to Bth respondent at Plot No. 11 in Sy.No. 966/8 situated at Rudrangi Vi{lage and Mandal without considering the objections of the petitioner dated 03.08.2023 and also in violation of Section

114(6)oftheTelanganaPanchayatRaj,20lSaSbeingillegal,arbitraryand unjust and also against Principles of Natural Justice and also violative of 300-A of constitution of lndia, consequently direct the 7th respondent to the cancel the buildinq permission granted in favour of 8th respondent at Plot No. '1 'l in sy.No. 966/8 situated at Rudrangi Village and Mandal. |.A.NO:1 OF 2023 Petition Under section 151 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondents No.

2 to 5 to consider the representation of the petitioner dated o9-10-2023 in accordance with the provisions of the Telangana Panchayat Raj, 2018 and further direct the 7rh respondent Gram Panchayat to stop the ongoing construction of the 8rh respondent by considering the objections of the petitioner dated 03-08-2023 pending disposal of the main writ petition' Counsel for the Petitioner : SRI ALLURI DIVAKAR REDDY Counsel for the Respondent Nos.1,3&4:GP FOR PANCHAYAT RAJ AND RURAL DEV Counsel for the Respondent Nos.2 & 6 : G.P FOR REVENUE Counsel for the Respondent Nos.s & 7 : SRI P.KISHORE RAO Counsel for the Respondent No.8 : SRI B.

THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.29747 of 2o23 ORDER:

This writ petition is liled under Article 226 ol Constitution of India, seeking the follou'ing relief " . ..to issue an appropiatc Writ, Order or Direction, more particularly one in the noture of Wnt of Mandamus declaing *E action of the respondent No.7-Gram Panchayat in gronting building permission to respondent No.8 at Plot No.11 in Sy.No.966/B situoted at Rudrongi Village and Mandal uLithout consideing the objections of the petitioner dated O3.O8.2O23 and also in uiolation of Section 1la@) of the Telangana Panchayat Raj Act' 2018 os being iLlegal, arbitrary and unjust and also agoinst Pinciptes of Natural Justice and also uiolattue of 3O0-A of Constitution of lndia, conse-quentlq direct the respondent No.7 to concel the buikling permisslon granted in fauour of respondent No.8 at Plot No.11 in Sg.No.966/ B situ ated at Rudrangi Villoge and Mandal. .."

2. Heard learned counscl appearing lor the petitioner, and learned Government Pleader for Panchayat Raj and Rural Development appearing lor the respondent Nos.l., 3 and 4, lcarncd Government I Ple&der for Revenue appearing for the respondent No.2 ,/

SK../ W.P.No.29747 of 2O23 and 6 and Sri P.Kishore Rao, learned Standing Counsel for Gram Panchayat appearing for respondent Nos.S and 7.

3. The learned counsel appearing for the petitioner submits that this petition is filed by the petitioner questioning the action of the respondent No.7-Gram Panchayat ln granting building permision to respondent No.8 at Plot No.11 in Sy.No.966/B situated at Rudrangi Village and Mandal without considering the objections of the petitioner dated 03.08.2023 and also in violation ol Section Il4 (6) of Telangana Panchayat Raj Act, 2018

4. The learned counsel appearing for the respondents submits that the petitioner without approaching the Appellant Authority under Section 121 of Telangana Panchayat Raj Act, 2018, fiIed the instant writ petition and the same rs not maintainable and requested to dismiss the writ petition.

I

J sK,./ W.P.No.29747 of 2023

5. In view of the submissions made by the both sides, without going into merits of the case, this Writ Petition is disposcd of by granting liberty,to the petitioner to question the building permission granted by the respondent No.7-Gram Panchayat on 19.09.2023 in lavour of the unofhcial respondents as per Section I21 of Telangana Panchayat Raj Act,20 18 before the appropriate authority within two (2) weeks from the date of receipt of copy of this order.

6. On submitting the said appeal, the Competent Authority is directed to pass appropriate orders as per law by giving opportunity to both sides within eight (8) weeks from thereafter. There sha-Il be no order as to costs.

7.

Miscellaneous applications pending, if any, shall stand closed.

SD/. K. AMMAJI ASSISTANT REGIS-TRAR 'q:i //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, Panchayat Rai Department' Secretariat' State of Telangana at HYderabad '

Z. fne Oistnct Collector, Raianna-Siricilla Districti. inu Oliiri"t Panchayat Rii ofricer, Rajanna-Siricilla District'

4. The Divisional panchavat Raj Officer, Ralanna-Sirict a District. ' I:i, *Tg?1, Ifrj,.J:fl B" "" i;'fi ;;id r#a; i il?tso), n uora nli va na a r,

6. The Mandal Survevor Rudlangi [\4andal, Rajanna_siricilla District. ' I:i" ff : :3;:i l,'siJ;,'&t * ;;;il 6 #'Ei1l liiv" t n, oi"-,! iva naa r,

8. Two CCs to Gp FOR PANCHAYAT RAJ RURAL DEV ,High Court for the _ State of Telangana. [OUT] n l}o""?r"ot l",|tioo REVENUE, Hish court ror the state or reransana ar

10. One CC to Sri Alluri Divakar Reddy, Advocate [OpUCj ]1 9n" CC to Sri p.Kishore Rao, navocate f6puc"l " 1? 9n. CC to Sri B.Shanker, noro.rt"iOFtj-Ct "",

13. Iwo CD Copies SA GJPw

HIGH COURT DATED:2911212023 aa T S a AI tr "( f( q vz() J o 2 g ,iAN 202[

ORDER

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t WP.No.29747 of 2023 * u*t'utt,''t DISPOSING OF THE W.P WITHOUT COSTS.

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