[ 33s3 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE TWELFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE :PRESENT: THE HONOURABLE THE CHIEF JUSTICE ALOK ARADHE AND THE HONOURABLE SRI JUSTICE ANIL KUMAR JUKANTI WRIT PETITION NO: 23964 OF 2010 Between: 1. K.lMallikarjuna Goud,, S/o. Narismha Goud, Agriculture and Social Worker, R/o. Shivampet Village, Pulkal lVlandal, lVedak District. 2. Mohd. Aleem,, S/o. Mohd. Khaja, Social Worker, R/o. Shivampet Village, Pulkal Mandal, Medak District. 3. Miryala JVIallesh,, S/o.Pentaiah, Agriculture and Social Worker, R/o. Shivampet Village, Pulkal Mandal, tVledak District. 4. L.Lakshmi Narasimha Raju,, S/o. Bhagaiah, Agriculture and Social Worker, R/o. Shivampet Village, Pulkal l/andal, Medak District, Petitioners AND 1. The Government of Andhra Pradesh,, Rep. by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat, Hyderabad. 2. The District Collector,, PanchayatWing, tMedak at Sanga Reddy. 3. The District Panchayat officer,, Medak at Sangareddy. 4. The Divisional Panchayat Officer,, Medak, ttledak District. 5. The Gram Panchayat,, Shivampet, Pulkal Mandal, Medak District, rep. by its Panchayat Secretary 6. The A.P. Pollution Control Board,, Lakdikapul, Hyderabad, Rep. by its Secretary. 7. lVl/s. Skol Breweries Ltd.,, Unit of Charminar Breweries, Shivampet, Pulkal lr'landal, tMedak District, Rep. by its [Vlanager 8. M/s. Skol Breweries Ltd.,, Union of Charminar Breweries, B.K.N. Ambaram Estates, 648tL,1ttMain, 1ttStage, lndira Nagar, Bangalore-560 O3B, rep. by its tt/anaging Director. Respondents Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus a) declaring the inaction of the respondents No. 1 to 6 in taking action against the constructions carried on by the respondents 7 and B without any permission b) to recover property tax, licence fee and other incidental charges from the respondents 7 and 8, c) for unauthorisedly using [Vlanjeera water and pollution the same by the respondents 7 and 8 as per the provisions of A.P. Panchayat Raj Act and Rules made thereuner and other provisions of Law as illegal, arbitrary and consequently to direct the respondents 1 to 6 to take appropriate action against the respondents 7 and 8 as per the provisions of A.P. Panchayat raj Act and Rules made thereunder and other provisions of law. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri A PRABHAKAR RAO, Advocate for the Petitioners and GP for Panchayat Raj, for the Respondent Nos.1 to 4 and Sri Pranav [Munigela, Addl SC for the Telangana State Pollution Control Board for the Respondent No.6, the Court made the following. ORDER: Mr. A. Prabhakar Rao, learned counsel for the petitioners. Mr. Pranav Munigela, learned Additional Standing Counsel for the Telangana State Pollution Control Board for respondent No.6. ln this public interest litigation, respondent Nos.7 and I have constructed a brewerage factory on land in Sy.Nos .201, 203, 220, 221, 222, 226, 227 and 228 situated within the limits of Shivampet Village, Pulkal Mandal, Medak District. The grievance in this public interest litigation is that respondent Nos.7 and 8 have raised construction without obtaining any permission and have not paid any permission fee to the Gram Panchayat. It is pointed out by the learned counsel for the petitioners that respondent No.3 - District Panchayat Officer. Medak, has directed the Secretary, Gram Panchayat, Shivampet, to submit a report with regard to the illegal constructions for taking further course of action. ln pursuance of the aforesaid intimation, the Gram Panchayat, Shivampet, had issued a notice dated 01.11.2008 to respondent Nos.7 and 8 directing them not to proceed . further with the construction work. A demand was made on 17.02.2009 to respondent Nos.7 and 8 with regard to arrears of tax. lt is submitted by the learned counsel for the petitioners that no action has been taken against respondent Nos.7 and 8 either with regard to the illegal construction raised by them or with regard to recovery of the tax for the period from 2006-2007 till 2008-2009. Despite service of notice, neither anyone has appeared on behalf of the official respondents nor any counter has been filed. Therefore, it is directed that the District Panchayat Officer, Medak, and the Secretary of Gram Panchayat, Shivampet, Pulkal Mandal, Medak District shall remain present before this Court on 28.12.2023. Office is directed to send a copy of this order to respondent Nos.7 and 8 for their appearance. List on 28.12.2023. l i SD/- A.V.S. PRASAD ASSISTANT REGISTRAR /TRUE COPY/ SECTION OFFICER 1. The District Panchayat officer, Medak at Sangareddy. 2. The Panchayat Secretary, Gram Panchayat,, Shivampet, Pulkal Mandal, Medak Distrlct 3. The [Manager, N4/s. Skol Breweries Ltd.,, Unit of Charminar Breweries, Shivampet, Pulkal [/andal, tMedak District. 4. The [Vlanaging Director, M/s. Skol Breweries Ltd.,, Union of Charminar Breweries, B.K.N. Ambaram Estates,648/L, lst Main, lst Stage,'lndira Nagar, Bangalore-560 038. (1 to 4 by SPEED POST) 5, One CC to SRI A PRABHAKAR RAO Advocate [OPUC] 6. Two CCs to GP FOR PANCHAYAT RAJ & RURAL DEV, High Court at Hyderabad, [OUT] 7. Two spare copies To, V HIGH COURT HCJ & JAKJ DATED:1 211212023 List on 28.12.2023 ORDER WP.No.23964 of 2010 DIRECTION qrtg SIQ .i t-tlAL C 1l B'tt ?023 Og $i7i$r, r('r fr .J v t; / "(