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2020 DIGILAW 661 (TS)

Baddam Venkat Reddy v. State Of Telangana

2020-09-02

T.VINOD KUMAR

body2020
JUDGMENT T. Vinod Kumar, J. - The present writ petition is filed under Article 226 of the Constitution of India for issue of a writ of mandamus declaring the action of the respondents, in particular the 3rd respondent authority, in trying to demolish the small tin shed in premises H. No.8-21 Nallavelly village and Gram panchayat, Indalwai Mandal, Nizamabad District, as being illegal, null, void and arbitrary. 2. The present writ petition is taken up for hearing today, i.e. 02.09.2020, through Video Conferencing. 3. Heard learned counsel for the petitioner, Learned Government Pleader for Panchayat Raj and Sri G. Narender Reddy, learned Standing Counsel appearing on behalf of 3rd respondent authority. With the consent of all the Counsel appearing for the parties, the Writ Petition is being taken up for hearing and disposal at the admission stage. 4. Learned Counsel for the petitioner submits that while the petitioner was undertaking construction of tin shed of 10x12 size, the 3rd respondent authority issued notice dated 02.07.2020 whereby the authority directed the petitioner not to make any construction without obtaining permission from the Gram Panchayat, to which it is stated that petitioner having given explanation thereto. Learned Counsel for the petitioner submits that notwithstanding the explanation offered by the petitioner to the notice issued, the petitioner would make an application by approaching the 3rd respondent Gram Panchayat authority, by furnishing all the documents in relation to the above property, seeking permission for construction of tin shed and thereafter only to proceed with further construction to complete the same. Learned Counsel for the petitioner would further submit that the petitioner would maintain status quo existing as on today and shall not make any further construction without obtaining permission from the respondent Gram Panchayat. 5. Sri G. Narender Reddy, learned Standing Counsel appearing on behalf of the 3rd respondent authority by drawing attention of this Court to the photographs filed into this Court, would submit that the petitioner has made construction by putting tin sheets on all the sides as covering and the said shed is nearing completion. 6. However, as seen from the photographs filed into this Court, it cannot be said that the construction has been completed in order to be fit for occupation. 6. However, as seen from the photographs filed into this Court, it cannot be said that the construction has been completed in order to be fit for occupation. Further, as even the impugned notice issued only mentions that the petitioner shall obtain permission to proceed further with further construction, this Court is of the view that while directing the petitioner not to make any further construction without obtaining permission from the 3rd respondent Gram Panchayat, the petitioner can be directed to file an application before the 3rd respondent Gram Panchayat seeking permission for construction of a tin shed of 10x12 size by making an application along with all the documents and obtain permission and thereafter proceed with construction. The petitioner shall file such an application seeking permission from the authorities within fifteen days from the date of receipt of a copy of this order. If the petitioner makes such application within the time stipulated by this Court, the respondent shall consider the same in accordance with law and grant necessary permission. If the petitioner fails to make such application seeking permission for proceeding with the construction of tin shed, the respondent authority shall consider the explanation offered by the petitioner to the notice dated 02.07.2020 and take further action in accordance with law. 7. Subject to the above observation and direction, the Writ Petition is disposed of. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.