Telangana High Court
Muthyam Suryanarayana vs The State Of Telangana, on 31 January, 2024
THE HONOURABLE SRI JUSTICE K.SARATH
WRIT PETITION No.23607 of 2023
ORDER:
This writ petition is filed under Article 226 of Constitution of India for the following relief:
"...to issue a Writ order or direction more particularly one in the nature of Writ of Mandamus declaring
1. The action of the Respondent No.5 in obstructing the compound wall construction (which was illegally destroyed and pull down in a mob attack by the Sarpanch of the village and some other villagers) to the agriculture lands of the Petitioners behind Bangaru Maisamma Temple in Sy.No.414 of Kallakal Village, Manoharabad Mandal, Medak District, adjacent to National Highway-44 along with the villagers as illegal, arbitrary, contrary to the provisions of the Telangana Panchayat Raj Act, 2018 and Rule 14(2)(b) of the Telangana Gram panchayath Land Development Rules, 2002, violation of article 14, 21 and 300-A of the Constitution of India besides violation of principles of natural Justice.
2. Declare the inaction of the Respondent Nos. 2, 3 and 6 in taking steps to save the life and property of the petitioners from recurring mob attacks even after repeated requests seeking protection to the petitioners and their property in Sy.No.414 of Kallakal Village, Manoharabad Mandal, Medak District, as illegal and unconstitutional.
::2:: SK, J W.P.No.23607 of 2023 Consequentially this Hon'ble Court may be please to 1. Direct the Respondent Nos.4 and 5 not to interfere with the compound wall construction in the agriculture land of the Petitioners behind Bangarmma Bangaru Maisamma temple in Sy.No.414 of Kallakal Village, Manoharabad Mandal, Medak District, in the interest of justice.
2. Direct the Respondent Nos. 2, 3 and 6 to take steps to save the life and property of the petitioners and their property in Sy.No.414 of Kallakal Village, Manoharabad Mandal, Medak District from recurring mob attacks in the interest of justice ..."
2. Heard Sri Kowturu Vinay Kumar, learned Senior Counsel representing Sri Srinivas Reddy Balakisti, learned counsel for the petitioners and Sri R.Chandrashekar Reddy, learned Standing Counsel for respondent No.5.
3. The case of the petitioners is that, in view of the disputes between the Sarpanch and the Villagers, the petitioners to safeguard their property from Mob attacking, have constructed the compound wall. Without any power and Jurisdiction, the Gram Panchayat authorities have destroyed the compound wall on the ground that the petitioners have not obtained any permission from the ::3:: SK, J W.P.No.23607 of 2023 Gram Panchayat and there is no provision to construct compound wall as per the Telangana Gram Panchayat Land Development (Layout and Building) Rules, 2002 and the construction of compound wall is not within the meaning of 'building' and the action of the respondents is arbitrary and illegal and requested to permit the petitioners to construct the compound wall.
4. On the other hand, learned Standing Counsel appearing on behalf of respondent No.5 basing on the instructions submits that the petitioners without obtaining any proper permission as per the provisions under the Telangana Panchayat Raj Act,2018 (for short, 'the Act, 2018') constructed the compound wall and the same was demolished by the respondents as the construction of compound wall is within the meaning of 'building' and the petitioners have to take necessary permission from the competent authority for the construction of compound wall. In similar matters, this Court in W.P.No.38124 of 2018 held that for construction of compound wall, the permission ::4:: SK, J W.P.No.23607 of 2023 from the Gram Panchayat is necessary under Section 2(2) of the Act and requested to dismiss this writ petition.
5. After hearing both the parties and on perusal of the record, this Court is of the considered view that petitioners are the owners of the land in Sy.No.414 of Kallakal Village, Manoharabad Mandal, Medak District. In view of the disputes between the villagers and the Sarpanch, the petitioners to safeguard their property from mob attacking, have constructed the compound wall in their patta land which is adjacent to the National Highway-44 and behind the Bangaru Maisamma Temple.
6. Section 2(2) of the Telangana Panchayat Raj Act,2018, defines the building as under:
"'Building' includes a house, out-house, shop, stable, latrine, shed (other than a cattle shed in an agricultural land) poultry shed, farm house, hut, wall and any other such structure whether of masonry, bricks, wood, mud, metal or other material whatsoever."
::5:: SK, J
W.P.No.23607 of 2023
7. This Court in W.P.No.38124 of 2018 dated
25.10.2018 given the following findings at para Nos.4 and 5 as:
"4. A bare reading of Section 2 (3) of the Act, 2018 would make it clear that any structure with masonry work would amount to building. The construction of a compound wall includes masonry work and therefore it is a building and building permission has to be obtained as per the Rules. Admittedly, no building permission was obtained by the petitioner. When petitioner has not followed the statutory mandate and without obtaining building permission constructed the compound wall, he cannot complain that the Gram Panchayat is removing the illegal construction made by him.
5. Be that as it may, the illegal construction was substantially removed and as the petitioner did not obtain building permission, no relief as sought for by him can be granted. However, liberty is granted to the petitioner to apply for construction of a compound wall and on making such application, the competent authority shall consider the same and take appropriate decision as warranted by law. If such application is made by the petitioner within two weeks, the Gram Panchayat, the 4th respondent, shall consider the said application and take appropriate decision within two weeks thereafter."
8. The directions of the above judgment clearly apply to the instant case for construction of compound wall and in view of the same, this writ petition is disposed of by ::6:: SK, J W.P.No.23607 of 2023 granting liberty to the petitioners to apply for construction of compound wall as per Section 114 of Talangana Panchayat Raj Act, 2018 and after filing of the said application, the respondents-Gram Panchayat shall consider the said application and take appropriate decision within four (4) weeks from thereafter. There shall be no order as to costs.
9. Pending miscellaneous applications in this petition, if any, shall stand closed.
_____________________ JUSTICE K.SARATH Date:31.01.2024 Smk/Bb