Gangula Nagaraju vs State Of Telangana

This Writ Petition is filed in the nature of Writ of Mandamus declaring the action of the 6th respondent in trying to demolish the house of the petitioner in respect of the Plot in Survey No.55 (New Survey No.55/G), admeasuring to an extent of 120 sq.yards, situated at Jidikal Revenue Village, Lingalaghanapuram Mandal, Janagon District (Erstwhile Warangal District), without issuing any notice to the petitioner, without following the due process of law, during the pending of application of the petitioner for grant of house construction permission to the petitioner on his plot is illegal and arbitrary.

Heard the learned counsel for the petitioner and Sri.C.Kalyan Rao, learned Standing counsel for the respondent No.6.

The case of the petitioner in brief is that the petitioner is the absolute owner and possessor and enjoyer of the plot in Survey No.55 (New Survey No.55/G), admeasuring to an extent of 120 sq.yards, situated at Jidikal Revenue Village, Lingalaghanapuram Mandal, Janagon District (Erstwhile Warangal District) and he purchased the plot from lawful owner by name Dadi Narsimha Reddy, S/o.Sai Reddy through Registered sale deed vide document No.352 of 2022 on the file of the Janagon Sub-Registrar on 21.01.2022 and that the petitioner vendor by name Dadi Narasimha Reddy, S/o.Sai Reddy had purchased the said land from lawful owner by name Boadasu Bikshapati, S/o. Muthaiah through registered sale deed vide document No.11732 of 2018 on the file of the Jangon Sub-Registrar on 03.12.2018.

The learned counsel for the petitioner contends that originally the said plot is an agriculture land in Survey No.55 (New Survey No.55/G), admeasuring to an extent of 120 sq.yards, situated at Jidikal Revenue Village, Lingalaghanapuram Mandal, Janagon District (Erstwhile Janagon District), one person by name Bodosu Bikshapati was the pattadar to the agriculture land to an extent of Ac.1.01 guntas, meanwhile he converted the agriculture lands into open plots and sold the plots to the needy purchasers and accordingly the petitioner vendor by name Dadi Narasimha Reddy has been purchased the plot to an extent of 120 sq.yards from original owner in the year and got registered vide sale deed No.11732 of 2018 on the file of the Sub-Registrar, Janagon on 03.12.2018 and thereafter, the petitioner’s vendor sold the said land to the petitioner for valuable sale consideration and executed a registered sale deed in favour of the petitioner. The petitioner with an intention to construct the open plot, he approached the respondent No.6 and made an application and requested the respondent No.6 to grant the permission to the petitioner to construct the house in petitioner’s plot on 10.10.2021 and that the respondent No.6 in fact suggested the petitioner to file another application through online to get the house construction permission to the petitioner on the petitioner’s plot and accordingly, the petitioner made an application through online to grant the house construction permission to the petitioner on the petitioner’s plot on 28.11.2021, but the website has not received the said application and that the petitioner approached the respondent No.6 for a number of times, but however, the respondent No.6 did not grant any permission. The petitioner was made representation dated 10.10.2021 addressed to Gram Panchayat, Jidikal Village, Lingalaghanapuram Mandal, Janagon District, specifically requested for grant of house construction permission to the petitioner in respect of petitioner’s plot in Survey No.55 (New Survey No.55/G), admeasuring to an extent of 120 sq.yards, situated at Jidikal Revenue Village, Lingalaghanapuram Mandal, Janagon District. The petitioner further contends that he gave detailed representation on 03.03.2022 to the 6th respondent and renewed his request. The petitioner also brings to the notice of this Court that the petitioner even received the Prajavani Acknowledgement receipt and duly registered petitioner’s grievance for grant of construction permission on 18.04.2022 vide registration No.JGNDPO/E/022/00019, but however no action has been taken by the respondent No.6 till as on date.

The learned counsel for the petitioner refers to Section 114 of Telangana Panchayat Raj Act, 2018 and contends that if the Gram Panchayat does not take a decision on the application within fifteen days, the approval will be deemed to have been given. The learned counsel for the petitioner also refers to Rule 16 of Telangana Gram Panchayat Land Development (Layout and building) Rules, 2002 and contends that as per rule 16 “No site or parcel of land shall be used for building activity unless it is approved as building plot or forms part of an approved layout. This rule, however, shall not be applicable in case of:

(a) sites and properties in existing settlement areas;

(b) farm buildings;

(c) Industrial and non-residential buildings abutting highways/main roads.

The learned counsel for the petitioner contends that there need not be an approved layout in respect of farm buildings and that the petitioner’s subject lands are agricultural lands.

The learned counsel for respondent No.6 on the other hand on instructions submits to this Court that the petitioner has not made any application in the prescribed format seeking construction permission for construction of house in respect of petitioner’s plot in Survey No.55 (New Survey No.55/G), admeasuring to an extent of 120 sq.yards, situated at Jidikal Revenue Village, Lingalaghanapuram Mandal, Janagon District and further submits that in the event the petitioner approached respondent No.6 with proper application in prescribed format under the rules, the respondent No.5 shall consider the same.

The learned counsel for the respondent No.5 also refers (4) of 114 of Telangana Panchayat Raj Act, 2018 and contends that the application for construction permission shall be made to the Gram Panchayat in the prescribed format duly submitting a copy to the Technical Sanction Authority.

In view of the fact that the petitioner has not made an application in the prescribed format to the respondent No.6 seeking construction permission in respect of plot in Survey No.55 (New Survey No.55/G), admeasuring to an extent of 120 sq.yards, situated at Jidikal Revenue Village, Lingalaghanapuram Mandal, Janagon District, the petitioner is directed to approach the respondent No.6 with an application in the prescribed format within two (2) weeks from the date of receipt of the copy of the order and the respondent No.6 shall consider the same in accordance with law within four (4) weeks thereafter. In the meantime the respondent No.6 is directed not to demolish the house of the petitioner in respect of the plot in Survey No.55 (New Survey No.55/G), admeasuring to an extent of 120 sq.yards, situated at Jidikal Revenue Village, Lingalaghanapuram Mandal, Janagon District.

Accordingly, this Writ Petition is disposed of with above direction. There is no order as to costs.

The miscellaneous petitions, if any, pending shall stand closed.