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Judgment
This Writ Petition has been filed seeking the following relief:
...to issue a Writ order or direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondent No.3 to 5 in encroachment and dispossession of Petitioners from all that the property bearing No.1-72 admeasuring 265 Sq. yards together with open land to an extent of 110 Sq. yards situated at Appareddy Guda Village, Moinabad Mandal, Rangareddy District for construction of building for Respondent No.5 Gram Panchayat office as Arbitrary, illegal and unconstitutional and against the principles of natural justice and Violation of Article 14, 21 and 300-A of constitution of India and consequently direct the Respondent authorities No.2 to 5 to consider the Petitioner Representation Dt.17-08-2026 and 18-08-2026 and pass...
Heard Sri M.V. Raj Kumar Gabriel, learned counsel appearing for the petitioners, and Sri Pradeep Reddy Katta, learned Standing Counsel appearing for respondent No.5-Gram Panchayat. With their consent, this Writ Petition is taken up for disposal at the admission stage itself.
The brief facts of the case are that the petitioners are in absolute, uninterrupted and peaceful possession and enjoyment of the property bearing No.1-72, admeasuring 265 Sq. yards, together with open land admeasuring 110 Sq. yards, situated at Appareddy Guda Village, Moinabad Mandal, Rangareddy District, for more than four decades. Petitioner No.3 obtained construction permission from the then Gram Panchayat, Kanakamamidi, vide Letter dated 21.02.1989, and constructed a mud house measuring 25 ft. x 55 ft. in the year 1989. Subsequently, a lavatory was constructed in the adjoining open land during the year 2017-18 under the Nirmal Bharat Abhiyan Scheme by the Central Government. The old mud house was demolished in the year 2019 with an intention to construct a pucca house; however, due to financial difficulties, the construction could not be taken up. While so, on 15.08.2026 at about 11:00 a.m., the respondent-Gram Panchayat authorities, without issuing any notice or affording an opportunity of hearing to the petitioners, allegedly entered upon the petitioners' open land admeasuring 110 Sq. yards, demolished the existing lavatory and commenced leveling and digging the boundaries for construction of the Gram Panchayat Office, claiming the same to be Grama Kantam land, and thereby dispossessed the petitioners from the said property.
Immediately thereafter, the petitioners submitted representations dated 17.08.2026 and 18.08.2026 respectively, to respondent Nos.2 to 5, raising objections to the alleged illegal encroachment and the proposed construction. The petitioners have been in undisputed possession and enjoyment of the said property for more than four decades, and the property was also assessed by the Gram Panchayat authorities, with property tax being paid thereon. The said action was allegedly undertaken at the behest of unofficial respondent Nos.6 and 7, who are husband and wife, and respondent No.7 happens to be present Sarpanch of Appareddy Guda Village. There is also political rivalry between the petitioners and the unofficial respondents, as petitioner No.5 had contested the previous local body elections for the post of Sarpanch. As the respondent authorities failed to follow due process of law and allegedly encroached upon and dispossessed the petitioners from the said property, the petitioners, being aggrieved by the aforesaid action, have filed the present Writ Petition.
Learned counsel for the petitioners submits that the respondent authorities, without issuing any notice or affording an opportunity of hearing to the petitioners, entered into the subject property and interfered with their possession. He submits that the petitioners have been in possession and enjoyment of the subject property for several decades and that the respondent authorities are proceeding with the construction of the Gram Panchayat Office without following due process of law. He therefore seeks protection of the petitioners' possession in accordance with law.
Per contra, learned Standing Counsel for Gram Panchayat placed on record a copy of the written instructions vide Lr.No.APPA/05/2026, dated 10.09.2026, indicating that the petitioners were given opportunities to establish their possession over the subject property, but failed to submit the relevant explanation and documents in support of their claim of possession. It is further stated that the documents produced by the petitioners relate to an extent of 110 Sq. yards and that no documents have been produced in respect of the remaining extent of the subject property.
Having regard to the rival submissions and the material placed on record, this Court is of the view that the claim of the petitioners regarding their possession over the subject property requires consideration by the competent authority after affording them a reasonable opportunity to produce the relevant documents.
In view of the above, this Court without expressing any opinion on the merits of the case, this Writ Petition is disposed of by directing the petitioners to submit their explanation along with all relevant and supporting documents in proof of their possession over the subject property before the competent authority within a period of two (2) weeks from 12.09.2026. Upon receipt of such explanation and documents, the competent authority shall consider the same and pass appropriate orders, in accordance with law, within a period of two (2) weeks thereafter. Till passing of the final orders in relation to the possession of the petitioners, the respondent authorities shall not dispossess the petitioners from the subject property. There shall be no order as to costs.
As a sequel, miscellaneous applications pending, if any, in this Writ Petition, shall stand closed.