MOHD. KHAREEM Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Writ Petition, under Article 226 of the Constitution of India, is directed assailing the inaction on the part of the respondent Nos.2 to 5 in taking action against the 6th respondent for constructing a house in the land admeasuring Ac.0-13 guntas in Sy.No.39 of Gummadidhala village and Mandal, Sangareddy District.

(2.) The case of the petitioners, in brief, was that their younger paternal uncle by name Abdul Sattar Miya was Muthavali of Ashoorkhana situated at Gummadidhala village. The Government of Andhra Pradesh gifted Ac.0-13 guntas of land in Sy.No.39 of the said village in favour of said Sattar Miya. He enjoyed the said land till his death. The said Sattar Miya died issue less. It is the further case of the petitioners that the subject land was given on lease to the 6th respondent herein. The 6th respondent used to give half of the usufructs derived from the said land to Sattar Miya till his death and after his death to the petitioners herein. The second petitioner, after the demise of Sattar Miya in the year 2001, succeeded as Muthavali of Ashoorkhana. The 6th respondent used to give the usufructs to the petitioners till the year 2006. But from 2006 onwards he is not paying any single pie on the land and he was also not cultivating the land. Now, suddenly, the 6th respondent started constructing a house in the subject land. Questioning the same, the petitioners gave complaints dated 03.6.2020 and 30.6.2020 to the respondent authorities. As the respondent authorities are not taking any action against the 6th respondent the petitioners filed the present Writ Petition.

(3.) Heard Sri P. Pravin Kumar, learned counsel for the petitioners, the learned Government Pleader for Pancahyat Raj and Rural Development and Sri G. Narender Reddy, learned standing counsel for the Gram Panchayat.