Jogi Venkatesh vs State Of Telangana

The present writ petition is filed questioning the action of the 3rd respondent in not demolishing the illegal encroachment and construction made by the 4th respondent in respect of H.No.7-122/7, Dundigal Municipality, Medchal-Malkajgiri District.

Heard Mr.K.R.Srikanth, learned counsel for the petitioner, learned Government Pleader for Municipal Administration for the 1st respondent, learned Government Pleader for Revenue for the 2nd respondent, as well as Mr.N.Praveen Kumar, learned Standing Counsel for Municipality for the 3 rd respondent and perused the material on record.

Learned counsel for the petitioner submits that the 4th respondent made illegal constructions in the grama kantam land basing on the documents styled as gift settlement deed, without any link documents and claims himself to be the owner of the said property. The villagers approached the 3rd respondent brought to his notice about the illegal constructions in grama kantam land, he had issued a notice under Section 228(3) and 217 of the Municipalities Act, 1965 on 31.03.2021, and thereafter no action has been initiated. He submits that an application under RTI Act was made on 04.06.2021 to provide information about the action taken by the respondents. In response to the same, it is stated by the authorities that action was duly initiated by issuing the notices to the concerned and after the lock down is lifted, further action will be taken in co-ordination with the task force team. The petitioner has also approached the authorities on several occasions. Having no other go, the petitioner has come up before this Court by filing the present writ petition.

Learned Standing Counsel appearing for the 3rd respondent submits that they have issued a notice on 31.03.2021. He submits that the process will be completed by the authorities within two weeks by following due process of law.

Admittedly, a notice was issued on 31.03.2021 under Section 228(3) and 217 of the Municipalities Act and directed the 4th respondent herein to furnish his explanation within 7 days as to why the confirmation of Provisional Order dated 24.03.2021 shall not be implemented. Absolutely there is no explanation forthcoming from the 4th respondent why he has not acted upon the said representation except mere issuance of the notice. It is very unfortunate that in a grama kantam land when unauthorized constructions are being made by the 4th respondent, when the villagers have approached the 3rd respondent, having issued a notice dated 31.03.2021, has not initiated any further action and kept quite from the last almost one year. This kind of approach of the 3rd respondent cannot be appreciated and he is bound to act on the complaint.

In these facts and circumstances of the case, the Writ Petition is disposed of directing the 3rd respondent to take appropriate action on the illegal construction made by the 4th respondent in grama kantam land at H.No.7-122/7, Dundigal Municipality, Medchal-Malkajgiri District, within a period of two weeks from the date of receipt of a copy of this order, in accordance with law. No order as to costs.

Miscellaneous applications, pending if any, shall stand closed.