Chevuri Bhagyasree vs. The State Of A.P., Rep. By District Collector (Panchayat

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WP/15831/2008HC TelanganaGSTCNR HBHC01048040200825 January 2024Bench: K. SARATH5 pages
For Petitioner: SRI P.GlRl KRISHNAFor Respondent: GP FOR PANCHAYAT RAJ & RURAL DEV

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Cause title — parties, addresses and appearances
[ 3302 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE K. SARATH WRIT PETITION NO: 15831 OF 2008 Between Chevuri Bhagyasree, W/o, Chevuri Parameshwar, Age: 30 years, Caste' SC, Occ Labour, R/o.H.No-2-20, Chervugattu Village, Narketpally Mandal, Nalgonda District. ...PETITIONER AND 1 The State of A.P., rep. by District Collector (Panchayat, Wing) Nalgonda District 2. Divisional Panchayat Officer, Nalgonda District. 3. The Tahsildar, Narketpally lvlandal, Nalgonda District., Tirupathi, Chittoor District. 4. Gram Panchayat, Chervugattu Village, Narketpally Mandal, rep. by its Panchayat Secretary, Nalgonda District. ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue appropraate writ or order or direction more particularly one in the nature of writ of mandamus declaring the proceedings No.552/2008-83(Pts) dated 15.07.2008, as illegal arbitrary and against the principles of natural justice and set a aside the same and consequently direct the respondents not interfere with the construction of the petitioners house No.2-20 situated at Chervugattu Village, Narketpally Mandal, Nalgonda District. Counsel for the Petitioner : SRI P.GlRl KRISHNA Counsel for Respondents No.1&2 : GP FOR PANCHAYAT RAJ & RURAL DEV Counsel for the Respondent No.3 : GP FOR REVENUE Counsel for the Respondent No.4 : SRI P.KISHORE RAO, (SC FOR GP)

The Court made the following: ORDER i

I)age 1 of 3 THE HON'BLE SRI JUSTICE K.SARATH WRTT PETITION No.15831 of2OO8 ORDER:

1.

Heard the learned Counsel lor the petitioner and thc learned Stancling Counse I for the re sponden ts

2.

The learned Counscl lor the petil.oner would submits that petitoncr is residing in a hut i.e. H.No.2-20 at Chervugaltu village since 1ong time and while he was constructing a pakka house thereon with the aid ol Disrrict Colle ctor, the Gram Panchayath issued a noticc to the petitioner to stop the construction, stating that Lhe Gram panchayath is intending to construc[ a shopping complex in the said place. Whereupon, the petitoner made representation to the District Collector and the District Collector at thc lirst instancc vide letter No.552/200-83(pts) darcd 22.05.2008 directed the Gram Panchayath not to interlere with the construction work of the petitoner. Later, at the instance of the local Sarpanch, again the District Collector has issued another letter No.552/2OO8-F,3 (Pts) dated 15.07.2008 direcring the respondent No.4 to stop construction work o[ the of the house of the petitioner and hence the petitoner hled the present wrlt petttton.

3.

The learned Standing Counsel for the respondent No.4 basing on the counter submits that the petitoner has already constructed the house in the disputcd place and rcsiding thercin and in the year 2O2O, reviscd the housc number and new house number recorded as H.No.2-72, 1n place of old H.No.2-2O, and requested to pass appropriate orders. 4 In view of the submissions made by the learned Standing Counscl for tliLc rcspondents, and since the petitioner has already constructed the house and To, Pirge 3 of 3 residing thcrein, this writ pr:tition 1S disposed of directing the respondents not to interfere with the possession ol the petitoner in rcspcct of the subject house without following duc proc<:ss of lau,

5.

With the above direction, this writ petition is disposed of. No order as to costs

6.

Miscellaneous pctitions pcnding, if any. in this Writ Petition shall also stand ckrscd. . P.Ch. NAGABHUSHAMBA ASSISTANT REGISTRAR ///' ,,- SECTION OFFICER

1.

The District Collector (Panchayat, Wing), State of A.P., Nalgonda District.

2.

The Divisional Panchayat Officer, Nalgonda District.

3.

The Tahsildar, Narketpally firlandal. Nalgonda District., Tirupathi, Chittoor District.

4.

The Panchayat Secretary, Gram Panchayat, Chervugattu Village, Narketpally Mandal, Nalgonda District.

5.

One CC to SRI P.GlRl KRISHNA, Advocate. [OPUC]

6.

Two CCs to GP FOR PANCHAYAT RAJ & RURAL DEV, High Court for the State of Telangana at Hyderabad. [OUT]

7.

Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad. [OUT]

8.

One CC to SRI KISHORE RAO PUSKURU. (SC FOR GP) [OPUC]

9.

Two CD Copies. BSK GJP t\\v

HIGH COURT DATED:2510112024 ORDER WP.No.15831 of 2008 DISPOSING OF THE WRIT PETITION WITHOUT COSTS gST r{ Af rr \ Ibe+unrrrt#i $,tt|o1ntla 02 na+ 2P l)

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