Telangana High Court
Nikil Lalwani And 2 Others vs The State Of Telangana And 6 Others on 23 March, 2020
Author: T.Vinod Kumar
Bench: T.Vinod Kumar
THE HON'BLE SRI JUSTICE T.VINOD KUMAR
WRIT PETITION No.5272 of 2020
O R D E R:
The present writ petition, under Article 226 of the Constitution of India, is filed to declare the action of the respondents in interfering and demolishing the existing compound wall surrounded by the subject agricultural land of the petitioners totaling to an extent of Acs.4.00 guntas in various survey numbers situated at Tholkatta Village and Gram Panchayat, Moinabad Mandal, Ranga Reddy District, without following the due procedure laid down by law, as illegal and arbitrary.
2. Heard Sri C.Narender, learned counsel for the petitioners; learned Government Pleader for Municipal Administration, appearing for respondent 1; Ms.D.Madhavi, learned standing counsel for HMDA, appearing for respondent 2; learned Government Pleader for Revenue, appearing for respondents 3 and 6; learned Government Pleader for Panchayat Raj, appearing for respondent 4; Sri G.Narender Reddy, learned standing counsel for the Gram Panchayat, appearing for respondent 5; and learned Assistant Government Pleader for Home, appearing for respondent 7.
3. A perusal of the material placed on record, it is seen that subsequent to the filing of the writ petition, the petitioners have filed an Affidavit-cum-Undertaking, dated 10.03.2020, before this Court, whereby the petitioners have stated that the petitioners would not take up any construction work, or lay the road, in the subject land. The main grievance of the petitioners in the present writ petition is only with regard 2 to the action being taken by respondent 5 in relation to the demolition of the compound wall surrounding the entire extent of Acs.4.00 guntas.
4. Sri G.Narender Reddy, learned standing counsel for the Gram Panchayat, on instructions, would submit that the petitioners are taking up/undertaking development works in the subject land, for which the authorities initiated action in accordance with law to remove the same, since such constructions are being made without obtaining necessary permission from the concerned Gram Panchayat, and such constructions are in violation of G.O.Ms.No.111, dated 08.03.1996.
5. This Court, in similar circumstances, taking note of the undertaking given by the petitioner therein, directed the Gram Panchayat not to obstruct the petitioner therein taking up cleaning and fencing works over the land.
6. In the case on hand, since the petitioners have already constructed the compound wall surrounding the entire property admeasuring Acs.4.00 guntas in various survey numbers situated at Tholkatta Village, Moinabad Mandal, Ranga Reddy District, and a specific assertion has been made by the learned counsel for the petitioners that there are no structures within the said property that have been built, this Court is of the view that respondent 5 - Gram Panchayat is directed not to take any steps for demolishing the compound wall that has been built surrounding the entire extent of land admeasuring Acs.4.00 guntas, which was constructed to secure the property from being encroached.
7. Taking on record the Affidavit-cum-Undertaking, dated 10.03.2020, given by the petitioners, the writ petition is disposed of subject to the above direction. It is however made clear that if the petitioners violate the 3 undertaking given to this Court, the respondent authorities are liberty to initiate appropriate proceedings against the petitioners. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.
_____________________ JUSTICE T.VINOD KUMAR Date:23.03.2020 GJ