THE HON’BL SRI JUSTICE G.CHANDRAIAH W.P.NO.26333 OF 2001 O R D E R This writ petition is filed for a writ of mandamus declaring the orders passed by the Hon’ble Minister for panchayat Raj on 24.2.2000 and consequential orders passed by the District Panchayat Officer – 2nd respondent, in proceedings no.654/99-B(pts) dated 28.2.2000 and the orders passed by the Sub-Inspector of Police, Tirumalgiri – 5th respondent dated 29.2.2000, as illegal and arbitrary and contrary to the very process of law. 2. The case of the petitioners 1 and 2 in the affidavit filed in support of the writ petition is that they are the absolute owners of the land admeasuring 121 sq. yards each, forming part of Sy.No.477 of Tirumalgiri village and Mandal, Nalgonda District, having purchased the same under registered sale deeds from its owners. After purchase, the petitioners obtained permission from the Gram Panchayat, Tirumalgiri – respondent no.3, for construction of houses and accordingly the 3rd respondent granted permission. Aggrieved by the granting of permission to the petitioners, one Veeravely Veera Somaiah – 6th respondent, filed appeal before the District Panchayat Officer, Nalgonda – 2nd respondent and by order dated 1.7.1999, the appeal was dismissed. Challenging the same, the 6th respondent preferred revision before the Commissioner of Panchayat Raj. In the meanwhile, the 6th respondent also filed a civil suit in O.S.No.5/1999 on the file of I Additional District Judge, Nalgonda for declaration of title and for injunction and he also filed I.A.No.677/1999 seeking interim injunction. As the civil suit was filed and the interim injunction petition was pending, the Commissioner of Panchayat Raj, in the revision preferred by the 6th respondent, by order dated 24.7.1999, granted status quo till the disposal of the I.A.No.677/1999 in O.S.No.5/1999. By order dated 22.101999 the I.A.No.677/1999 filed for seeking temporary injunction, was dismissed. Aggrieved by the dismissal of the interim injunction petition, the 6th respondent preferred appeal before this court in C.M.A.No.3099/1999 and by order dated 11.2.2000 the appeal was dismissed. The grievance of the petitioners is that the 6th respondent by misrepresenting the facts, again preferred a 2nd revision, before the Hon’ble Minister for Panchayat Raj and obtained orders directing the implementation of the status quo orders of the Commissioner of Panchayat Raj. The further grievance of the petitioners is that the orders of the Commissioner of Panchayat Raj granting status quo, came to an end by the dismissal of the interim injunction petition by the civil court. Their further case is that the District Panchayat Officer – 2nd respondent, arbitrarily issued D.O. letter dated 28.2.2000 to the Divisional Superintendent of Police, marking copies to the Sub Inspector of Police Thirmalgiri and the Sarpanch, giving a direction to stop the construction of the petitioners and consequently, the Sarpanch issued letterdated 29.2.2000 to the petitioners to stop construction. The said letters addressed by the official respondents are arbitrary and illegal and they are liable to be set aside. 3. The 3rd respondent – Sarpanch filed counter and stated inter alia that the petitioners are the owners of the land in Sy.No.477 and that they obtained permission from the gram panchayat for construction of the houses and however as the matter is pending before the Government, sought to dismiss the writ petition. 4. The learned counsel for the petitioner by producing a copy of the judgment and decree dated 31.12.2008 in O.S.No.2/2004 (old O.S.No.5/1999) on the file of II Additional District Judge, Nalgonda at Suryapet, submitted that the said suit was dismissed and hence, the impugned orders are liable to be set aside. 5. From the material on record, it could be seen that there is no dispute that the petitioners are the owners of their respective pieces of land in Sy.No.477 of Tirumalgiri village and Mandal, Nalgonda Distict and this fact was also admitted by the 3rd respondent – Sarpanch of the Tirumalgiir Gram Panchayat and further the suit filed by the 6th respondent in O.S.No.2/2004 (old S.No.5/1999) on the file of II Additional District Judge, Nalgonda at Suryat, for declaration of title and injunction was also dismissed with costs. 6. Further, the petitioners obtained permission for construction of their houses from the Gram Panchayat, Tirumalgiri and by virtue of the dismissal of the suit filed by the 6th respondent, the proceedings of the 2nd respondent – District Panchayt Officer dated 28.2.2000 and the consequently letter of the 3rd respondent – Gram Panchayt, Tirumalgiri dated 29.2.2000 directing the petitioners to stop construction, have to be set aside and accordingly set aside. 7. In view of the above, the impugned orders dated 28.2.2000 and 29.2.2000 issued by the 2nd and 3rd respondents respectively and endorsement of the Hon’ble Minister for Panchayt Raj dated 24.2.2000 directing implementation of the status quo orders of the Commissioner Panchayt Raj, are set aside and writ petition is allowed. No costs. AVS ------------------------ 29—04—2009