IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIFTH DAY OF OCTOBER TWO THOUSAND AND NINE PRESENT: THE HON'BLE SRI JUSTICE P.S. NARAYANA WRIT PETITION No.8768 of 2008 Between: Undakoti Krishnaiah ..... PETITIONER AND The Collector, Panchayatraj, Mahabubnagar District and two others ..... RESPONDENTS ORDER: This Court ordered notice before admission on 02-06-2009. The third respondent filed counter affidavit. 2. The writ petition is filed praying for the relief of writ of Mandamus declaring the action of the third respondent in not taking steps to implement the orders issued by the first and second respondents vide proceedings No.A6/1952/2007, dated 05-10-2007 and in file No.A3/2353/2006 dated 21-06-2007 respectively to remove the stones to unauthorized layout in the land comprised of Sy.Nos.548/A, 516 and 633 at Muddireddypalli village, Balanagar Mandal, Mahabubnagar District as illegal, unlawful and contrary to law and consequently direct the third respondent to implement the orders of the second respondent in removing the stones to the unauthorized layout and first and second respondents also shall ensure that their orders shall be implemented in removing the stones to unauthorized layouts at Muddireddypally village and pass such other suitable orders. 3. It is stated by the writ petitioner that he was the elected Ward Member to Ward No.3 of Grampanchayat Muddireddypalli village. Due to the establishment of airdrome at Shamshabad, the village Muddireddypalli being very near to Shamshabad, the cost of the land at Muddireddypalli village for the purpose of house sites became very high and number of Real Estate businessmen came to Muddireddypally village for the purpose of the development of the area for house sites and in the said process the number of illegal layouts have came up in the land in Sy.Nos.548/A, 516 and 633 at Muddireddypalli village. 4. It is also stated that as per the orders issued by the Government from time to time, no layout shall be made without approval from the concerned Grampanchayat and whenever a layout is approved by the Grampanchayat, it shall ensure that 10% of the land covered by the layout shall be left to the Grampanchayat for the purpose of public use. However, without obtaining any permission from the Grampanchayat, the layouts were made in the above-mentioned land without earmarking any land for community purpose and the Sarpanch and Panchayat Secretary of the third respondent Grampanchayat also failed to take any action against real estate owners. Therefore, the villagers and ward members of the Grampanchayat Muddireddypalli village have made complaint to the first and second respondents and who by conducting a regular enquiry by themselves and also through the enquiry made by the Divisional Panchayat Officer dated 03-07-2007 and 17-07-2007 came to conclusion that all the layouts at Muddireddypalli village are illegal and issued the orders vide proceedings No.A6/1952/2007, dated 05-10-2007 by the first respondent and in file No.A3/2353/2006 dated 21-06-2007 by the second respondent directing the third respondent Grampanchayat to take immediate steps to remove the stones in the said unauthorized layouts. But the third respondent Grampanchayat failed to implement the said orders. In fact, the third respondent itself has got power to remove the stones fixed to unauthorized layouts and several further allegations also had been made. 5. The proceedings of the Collector (Pts.Wing), Mahabubnagar in Proc.No.A6/1952/2007 dated 05-10-2007 had been placed before this court and the same reads as hereunder: “PROCEEDINGS OF THE COLLECTOR (PTS.WING) MAHABUBNAGAR PRESENT; SMT.V. USHA RANI, I.A.S. Proc.No.A6/1952/2007 Date 05-10-2007 Sub: Layouts – Illegal fixing of Plotting stones in illegal layouts at Gram Panchayat Mudireddypally of Balanagar Mandal – Directions issued for removal of the stones in illegal layouts – Orders – Issued. Ref: 1. Lr.No.H3/GB.Spl.Cell./3849/2007, Dt;3-9-2007 of the Collector & Dist. Magistrate, Mahabubnagar. 2. This office Lr.No.A3/2353/2006, Dt:21-06-2007. 3. Lr.No.A1/110/2007, Dt:27-08-2007 of the DI.P.O. Mahabubnagar. * * * O R D E R: The Divisional Panchayat Officer, Mahabubnagar in the reference 3rd read above has reported that the following (3) realtors have establishment illegal layouts in Sy.Nos. to the extent of area shown against each at Mudireddypally Grampanchayat of Balanagar Mandal without following the rules issued in G.O.Ms.No.67, dated 26-02-2002 and also not approved by the Director of Town Planning, A.P. Hyderabad. Sl. No. Name of the Reltors Sy.No. Acrs. Technical Sanction not given by the DTPC 1. H i ton City property consultant 548 6.17 L a y o u t filed not approved in the GP office and not approved by the DTCP, Hyderabad. 2. Star and township 516 24 Acrs. -do- 3. Khaleed layouts 633 3.30 Ac. -do- Therefore, the Panchayat Secretary and the Sarpanch Gram Panchayat Mudireddypally of Balanagar Mandal are hereby directed to remove the plotting stones and not allow any development in the above (3) layouts and report compliance. Sd/- For Collector (P.W.), Mahabubnagar.” 6. Likewise, the notice No.A3/2353/2006 dated 21-06-2007 of the District Panchayat Officer, Mahabubnagar is also placed before this court and the same reads as hereunder: “OFFICE OF THE DISTRICT PANCHAYAT OFFICER:MAHABUBNAGAR No.A3/2353/2006 Date:21-06-2007 N O T I C E Sub:- Layouts – Un-authorised layouts – G.P. Mudireddypally of Balanagar Mandal – Remove marking stones – Instructions – Issued – Reg. Ref:- 1. Sri.A. Ramakrishna Reddy & Others, R/o.Mudireddypally of Balanagar Mandal Petition dated 05-06-2007. 2. G.O.Ms.No.67, PR&RD (Pts.IV) Dept., Dt;26-02-2002. * * * The Panchayat Secretary/Sarpanch Gram Panchayat, Mudireddypally of Balanagar Mandal are instructed to remove the unauthorized layouts stones fixed in the land which shows layouts established unauthorisedly in Gram Panchayat of the following Real Estates as they have not got the layout approval by the Director of Town Planning. Sl. No. Name of the Venture Sy. No. 1. HILTON CITY PROPERTY CONSULTANTS, Gandhi Nagar, Phase-I, II, 7-4-4/A, V e n k a te s h w a ra Colony, 1st Floor, Mahabubnagar Sy.No.548/A 2. STAR ONE TOWN SHIP PRIVATE LIMITED, Flat No.G1, 1st Floor, S-Z Square, Himayala Book Depot Lane, Mehidipatnam, Hyderabad. Sy.No.516 3. KHALEEL, Mahabubnagar Sy.No.633 The above owners of the real estates have not followed the orders issued in G.O.Ms.No.67, dated 26-02-2002. Therefore the Panchayat Secrtary/Sarpanch Grampanchayat Mudireddypally of Balanagar Mandal are directed to remove the unauthorized layouts stones within (3) days, other wise action will be taken against them as per CC&A Rules and APPR Act 1994 U/s.249(6). Sd/- District Panchayat Officer, Mahabubnagar.” 7. Rc.No.B/110/2007 dated 17-07-2007 of the Divisional Panchayat Officer, Mahabubnagar also is placed before this court and the same reads as hereunder: “OFFICE OF THE DIVISIONAL PANCHAYAT OFFICER, MAHABUBNAGAR Rc.No.B/110/2007 Date:17-07-2007 Sub: Layout – Complaint filed against illegal layout in Sy.Nos.548/A, 516 and 633 of Muddireddipally of Balanagar Mandal – Inquiry on 25-07-2007. Ref: 1) Petition dated 05-06-2007 of Villagers of Ward Member of Grampanchayat Mudireddipally of Balanagar Mandal. 2) This Office Notice Rc.No.B/110/2007, dated 03-07-2007. 3) Sarpanch G.P. Muddireddipally representation dated NIL * * * The allegations of illegal layout in Sy.Nos.548/A, 516 and 633 by the villagers and Ward Members of Mudireddypally will be enquired on 25-07-2007 at 11.00 AM in the office of the Grampanchayat, Muddireddipally of Balanagar Mandal. The Sarpanch and Panchayat Secretary of Grampanchayat are directed to attend the enquiry on the said date and time along with records without fail. The following real estate owners shown against the survey numbers last attend the enquiry on the said date and time without fail along with the original layout records Technically approved by the Director of Town and Country Planner. Sl. No. Name of the Venture Sy. No. 1. HILTON CITY PROPERTY CONSULTANTS, Gandhi Nagar, Phase-I, II, 7-4-4/A, V e n k a te s h w a ra Colony, 1st Floor, Mahabubnagar Sy.No.548/A 2. STAR ONE TOWN SHIP PRIVATE LIMITED, Flat No.1, 1st Floor, S.R. Square Himayala Book Depot Lane, Mehidipatnam, Hyderabad. Sy.No.516 3. KHALEEL, Mahabubnagar Sy.No.633 Sd/-D.P.O., Mahabubnagar Copies to All concerned.” 8. The translated copy of the representation dated 31-12-2007 and the translated copy of the said representation also had been placed before this court. 9. In the counter affidavit of the third respondent specific stand had been taken in para 4 that this writ petition was filed with an oblique motive and with a view to take political revenge against Sarpanch and also the Panchayat Secretary. It is further stated that the third respondent came to know that the present writ petition had been filed by some other in the name and style Undekoti Krishnaiah and the said Undekoti Krishnaiah had never approached the counsel for the petitioner and also instructed the counsel to file the present writ petition with false allegations. However, being a Law abiding Citizen, it is the responsibility of the third respondent to answer the allegations leveled against the third respondent. Further it is stated that the defeated candidate Sri Ramakrishna Reddy, against the present Sarpanch had inspired the petitioner to file the present writ petition. 10. It is also stated that in pursuance of the representation made by one Sri A. Ramakrishna Reddy and others of Mudireddipally village to the District Panchayat Officer, with regard to illegal layouts in Sy.Nos.548/A, 516 and 633 of Mudireddypally village, the District Panchayat Officer issued notice dated 21-06-2007, directing the third respondent to take action for removing the stones in the unauthorized layouts within three days. Thereafter, the Collector, (Panchayat wing) had also in his proceedings No.A6/1952/2007, dated 05-10-2007, instructed the Panchayat Secretary and the Sarpanch of the Mudireddipally to remove the plotting stones in the illegal layouts, and report the compliance. In pursuance of the instructions and the notice given by the Collector and as well as the District Panchayat Officer, this respondent immediately had taken steps and further instructed the workman not to proceed with the further developmental activity in the said layouts, which are unauthorized. The same was reported to the E.O. PRD of Balanagar on 23-10-2007. The Panchanama report was also submitted to the E.O. PRD for forwarding the same to the D.P.O. and the Collector, in compliance of their instructions. 11. It is also stated that in spite of the action taken by the third respondent, a charge sheet had been issued for not taking action, because of the communication sent by him through the E.O. PRD was not communicated to the District Panchayat Officer as well as the Collector, within time. Thereafter, the third respondent submitted detailed explanation and after seeing the same the superiors appear to be dropped the charges. Several further averments also had been made in the counter affidavit. 12. Whether there was impersonation or whether really a person like Krishnaiah in fact approached the counsel and filed the present writ petition, these aspects need not be further gone into. It is needless to say that when the higher authorities had issued specific instructions, the third respondent is bound to carry out the said directions and the said instructions in the light of the nature of the averments made relating to the illegal layouts, it is needless to say that it is the responsibility of respondents 1, 2 and 3 to see that such things are not repeated and hence, this court does hope that suitable steps will be taken in this regard and in the light of the specific stand taken in the counter affidavit that already steps had been taken by the third respondent to duly implement the directions made by the first and second respondent as well and further this court is of the opinion that the respondents being duty bound to see that appropriate steps are taken in this regard and expressing the hope that the necessary suitable steps will be taken in this regard. In the light of the stand taken in the counter affidavit inasmuch as no further directions at this stage being necessary, the writ petition is hereby closed for the present giving liberty to avail appropriate remedy if the petitioner so advised at the appropriate stage. No order as to costs. ___________________ P.S. NARAYANA, J October 5, 2009. PN THE HON'BLE SRI JUSTICE P.S. NARAYANA WRIT PETITION No.8768 of 2008 October 5, 2009