Telangana High Court
M/S. Lake Projects Pvt. Ltd. vs State Of Telangana on 13 July, 2020
Author: T. Vinod Kumar
Bench: T. Vinod Kumar
THE HON'BLE SRI JUSTICE T. VINOD KUMAR
Writ Petition No.9956 of 2020
ORDER:
The present writ petition is filed under Article 226 of the Constitution of India for issue of a Writ of Mandamus seeking a direction to the 3rd respondent to act in accordance with law and not to interfere in any manner with the layout known as 'Vidarbha' admeasuring Ac.11.38 guntas situated in Survey Nos.475, 476, 487, 488, 489, 490 and 490/P of Aliabad Village, Shameerpet Mandal, Medchal Malkajgiri District, except by following the due process of law.
2. The above case is taken up for hearing today i.e., 13.07.2020, through Video Conferencing.
3. Heard Sri Vedula Srinivas, learned counsel for the petitioner, learned Government Pleader for Panchayat Raj appearing for respondent Nos.1 & 4, Sri V. Narasimha Gound, learned Standing Counsel appearing for 2nd respondent-HMDA and Sri G. Narender Reddy, learned Standing Counsel appearing for 3rd respondent- Gram Panchayat.
4. It is the case of the petitioner that the petitioner has developed a layout in the lands admeasuring Ac.14.02 guntas of Aliabad village by obtaining necessary permission from the 3rd respondent authority on 11.07.2006, and had undertaken developmental activity in the said layout by laying roads, provided drainage, electricity, plantation etc., therein and thereafter sold individual plots to the several persons under registered sale deeds. The 3rd respondent authority after a lapse of 13 years has now 2 issued the impugned notice dated 15.06.2020 claiming that as if the petitioner is now making an illegal layout by undertaking developmental activities therein, and called upon the petitioner to submit reply and the documents, within seven days from the date of receipt of the said notice.
5. The learned counsel for the petitioner submits that upon receiving the said notice from the 3rd respondent authority, the petitioner herein has submitted a detailed explanation along with the documents to the 3rd respondent authority on 02.07.2020 under valid acknowledgement.
6. The learned counsel for the petitioner submits that despite submission of the said reply, the respondent authority without passing any orders thereon has entered into the petitioner's land / layout and dug up the roads and removed the plantation, hence, the present writ petition.
7. The learned Standing Counsel appearing for 3rd respondent- Gram Panchayat submits that the permission on which the petitioner is placing reliance is not a valid permission, as the appropriate authority for grant of layout permission at the relevant point of time in the year 2006 was DTPC authorities, while the permission being relied by the petitioner is stated to have been obtained under the signature of the Sarpanch, who has no authority to grant any such permission / sanction.
8. In so far as the reply given by the petitioner to the notice issued by the 3rd respondent Gram Panchayat, the learned Standing Counsel fairly submits that the said representation is 3 pending consideration by the concerned authority, since the concerned authority was placed under suspension.
9. Having regard to the submissions made as above, considering the fact that the petitioner submitted his explanation to the impugned notice issued, by letter dated 02.07.2020, it is open for the respondent authorities to consider the said explanation/reply furnished by the petitioner herein and adjudicate thereon and take necessary action thereafter in accordance with the provisions of Telangana State Panchayat Raj Act, 2018. Till such time the 3rd respondent authority considers the explanation offered by the petitioner and takes a decision thereon and communicates the same to the petitioner, the 3rd respondent authority shall not take any coercive measures in furtherance of the impugned notice dated 15.06.2020.
10. Subject to the above observation and direction, the writ petition is disposed of. No order as to costs.
11. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed in the light of this final order.
___________________ T. VINOD KUMAR, J Date: 13.07.2020 Isn 4 HIGH COURT FOR THE STATE OF TELANGANA MAIN CASE No.: W.P.No.9956 of 2020 PROCEEDING SHEET Sl. DATE OFFICE ORDER No NOTE 13.07.2020 TVK,J:
The writ petition is disposed of.
(vide separate order).
(B/o.) Isn