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IN THE COURT OF THE HON'BLE PRINCIPAL DISTRICT JUDGE:

MEDCHAL_MALKAJGIRI DISTRICT

AT: MALKAJGIRI

O. S. No. 1020 of 2017

Between:

Md. Abdul Jahangir and another

Plaintiffs
AND
The State of Telangana, Rep. by it's Chief Secretary to Government,
Secretariat, Hyderabad and others
… Defendants

Examination in Chief filed by the Plaintiff No.1 As P.W.1/ Md.

Abdul Jahangir

I, Md. Abdul Jahangir, S/o. Late Abdul Hameed, Aged about

47 years, Occ: Business, R/o. H. No. 3-16, Nagaram Village,
Keesara Mandal, R. R. District., do hereby solemnly affirm and
declare as under: -

1. I am a deponent herein and plaintiff no.1 in the above main

petition and being well-versed with the facts and circumstances
of the case, I am deponent and fully competent to swear to this
affidavit.

2. I have filed a plaint for declaration of unauthorized and illegal

construction of building in the suit schedule property.

3. I submit that the Plaintiff No.1, 2 are residing nearby house of

the Defendant No.7/Owner of suit property in the above cause
title address, I am a son of the Plaintiff No.2 and we are fighting
for justice since 2013 against the Defendant No. 7/Owner of suit
property and her son Mr. Amjad due to their illegal and
unauthorized acts in . the suit schedule property.

4. I submit that the defendant No.7/Owner of suit property has

obtained the building permission for the proposed construction
of residential building consisting of Ground floor +2 floors at
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Plot/ H. No. 3 - 18/A, Extent: 130.23 Sq. yards, or 108.87 Sq.

mtrs, Gramakantam situated at Nagaram Village, Keesara
Mandal, R. R. Dist.

5. I submit that the the Defendant No.6/the Secretary of G. P.

Nagaram Village imposed the certain conditions, mentioned in
grant of the of building permission GPN/137/2016/17, dt. 13-
06-2016, and details of house are mentioned in Suit Schedule
Property. construction 5. I submit that the Defendant No.6/the
Secretary of G.P. Nagaram has sanctioned building permission
towards Ground floor, First floor and Second floor (G+2) in total
area of 130.23 Sq. yds after dismantling the existing building of
the said house through Permit No. GPN/137/2016-17, dt. 13-
06-2016. 6. I submit that the Defendant No. 7/Owner of suit
property neither dismantled the existing building of the Ground
Floor as per building construction permission nor vacates the
said suit property while constructing of the first floor, second
floor and third floor due to dishonest and 424 negligence of the
Defendants.

6. I submit that the Defendant No.7/Owner of suit property has

violated the terms and condition of the building construction
permission and she has constructed the building without
Minimum SETBACKS as per G.O.Ms. No. 67, Panchayat Raj and
Rural Development (Pts-IV), dt. 26th February 2002. 8. I submit
that the Defendant No.7/Owner of suit property has constructed
building of third floor as illegal and unauthorized. So, the we
gave complaints to the Defendant Officers on the subject of
illegal and unauthorized building construction of third floor and
without dismantle of Ground Floor and without setbacks of the
building in the suit schedule property.

7. I submit that on 08.12.2014 at the night, the Defendant

No.7/Owner of suit property, her son Mr. Amjad demolished
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(East side boundary wall) the compound wall of us and we made

many complaints to all officers in this matter. But, action due to
negligence and dishonest.

8. I submit that on 01.04.2015 at the night, the Defendant

No.7/Owner of suit property and her son Amjad demolished
(North side boundary wall) the compound wall of Shri Anjaneya
Swamy Temple. The Shiva Shakthi Colony Residents Welfare
Association (Regd. No. 1722) has given complaint to the
Defendant No.6/the Secretary of G. P. Nagaram for action. But,
no action due to dishonest and negligence in his duties.

9. I submit that the Defendant No.6/the Secretary of G.P.

Nagaram stated that he gave the building construction
permission to construct the third floor and also without setbacks
etc., because of, he has extraordinary super powers from
Government of India by reason of the Gram Panchayat Nagaram
is a Local Government.

10. I submit that I had given many complaints to the Defendant

No.2/Dr. M. V. Reddy, I.A.S. (SCS Officer) for action about illegal
and unauthorized construction of the suit schedule property on
various dates 13.12.2016, 23.06.2017, 04.01.2017, 30.01.2017,
06.02.2017, 03.07.2017. (Enclosed the complaint copies). Even
though, this officer is the dishonest and negligent in his duties
which are entrusted to him under the Constitution of India.
Because of he has misbehaved and misconduct.

11. Even though, the Defendant No.2 to 6 has not taken any
action till this date in the subject matter of illegal and
unauthorized construction of suit schedule property due to
negligence and dishonest of the said officers.

12. I submit that the Defendant No.2/Dr. M. V. Reddy/Collector &

District Magistrate is the head of the District in the District
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Administration. He has over all supervision and control over the

District Officers in the District. Although, he has failed to
redress the grievance in this matter.

13. I submit that the Defendant No.3/District Revenue Officer &

Additional District Magistrate exercises general supervision and
also supervision of day to day functioning of the Collector's
Office. He has not able to exercises his supervision and made
false complaint against my Counsel without following due course
of law.

14. I submit that the Defendant No.4/District Panchayat Officer

take suitable actions on demolition of unauthorized construction
with help of his Officers/the Defendant No. 5, 6 under T.S. Gram
Panchayat Land Development (Layout and Building) Rules,
2002. He has the dishonest and negligence in his duties and not
able to supervise and control over the department of Panchayat
in Medchal District.

15. I submit that the Defendants No. 2, 3, 4, 5, 6 have dishonest

and negligence in their duties and they have misbehaved and
misconduct as per CCA Rules.

16. I submit that the Defendant No. 2 to 6 has failed to inspect,

issue timely notices under the said rules to Defendant No.7 to
stop illegal and unauthorized construction due to dereliction and
dishonest of their duties. At last, on 09.03.2017, my advocate
gave Statutory Notice to the Defendant No.2/Dr. M. V.
Reddy/Collector & District Magistrate of Medchal-Malkajgiri
District under Section 80 of Code of Civil Procedure to file this
Suit for justice.

17. I submit that on 07.06.2017, the Defendants No. 2,3,4,5,6

have conspired together and made a false complaint by Crime
N.201 of 2017 for offence under Section 353, 506 of IPC against
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his advocate in P.S. Keesara by reason of my advocate

approached the Defendant No.2/the Collector of Medchal
District at the Collectorate to know the grievance redressal on
the day. So, the Defendant No. 2 to 6 has pre-planned and and
conspired by dishonestly and misconduct and malpractice in
their duties against my advocate.

18. I submit that the Defendant No. 2 to 6 have neither

demolished illegal and unauthorized construction of the suit
schedule property nor taken action against the Defendant
No.7/Owner of suit property. Hence, this suit filed for
declaration of unauthorized and illegal construction of the
building and initiation of departmental proceedings against all
the officers who are responsible for dereliction of their duties in
the subject of the suit schedule property and as follows:

Schedule of Property

All that piece and parcel of the house bearing No. 3-18/2,
Extent: 130.23 Sq. yards, or 108.87 Sq. mtrs, Gramakantam,
situated at GP. Nagaram, Keesara Mandal, Medchal District and
within the following boundaries: -

East: House of the Plaintiff

West: House of Pedda Golla Ramesh
North: Temple of Anjaneya Swamy
South: Road

19. The following documents may be marked as Exhibits on behalf

Plaintiffs :-

1) Ex.P1:13.06.2016::Building Permission by Panchayat

2) Ex.P2:10.01.2017::Construction Photographs
3) Ex.P3:13.12.2016::Complaint to Collector by Plaintiff
4) Ex.P4:04.01.2017::Complaint to Collector by Plaintiff
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5) Ex.P5:30.01.2017::Complaint to Collector by Plaintiff

6) Ex.P6:06.02.2017::Complaint to Collector by Plaintiff
7) Ex.P7:23.06.201::Complaint to Collector by Plaintiff
8) Ex.P8:03.07.2017::Complaint to Collector by Plaintiff
9) Ex.P9:01.04.2015::Complaint to Collector by Plaintiff
10) Ex.P10:22.06.2017::Complaint to Collector by Plaintiff
11) Ex.P11:01.04.2015::Complaint to Secretary by Shiva Shakthi
Sai Colony Residents Welfare Association
12) Ex.P12:09.03.2017::Notice u/Sec.80 CPC

It is therefore prayed that this Hon'ble Court may be pleased

to pass a Decree and Judgment in favour of me in the interest of
justice.

a) Declaring that the construction of building is illegal and

unauthorized in suit schedule property;

b) Directing to the Defendant No.7/Owner of suit property to vacate

the premises of suit schedule property by reason of demolition;

c) Directing to the Defendant No.4/District Panchayat Officer to

remove/demolish all the portions of the building which is
constructed in violation of the sanctioned plan, and complete the
demolition and file a report along with photographs in proof of
such demolition within statutory period;

d) Directing to the Defendant No.1 to initiate the departmental

proceedings proceedings against the Defendant No.2,3,4,5,6 who
are responsible for dereliction of their duties pertaining to failure
to inspect, issue timely notices to Defendant No.7/Owner of suit
property to stop illegal construction, and displayed lethargy in
issuing and enforcing notice under allied rules, regulations et
cetera;
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e) Directing to the Defendants to pay the cost of this suit and cost
of all proceedings to the plaintiffs with advocate fee in this suit
etc., and;

f) Granting such other and further orders as this Hon'ble Court

deems fit and proper in the circumstances of the case.

Deponent
Solemnly affirmed and signed before me
on this the 19th day of September 2022 at Malkajgiri.

Advocate
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IN THE COURT OF THE HON'BLE

PRINCIPAL DISTRICT JUDGE:
MEDCHAL MALKAJGIRI DISTRICT

AT: MALKAJGIRI

O. S. No. 1020 of 2017

Between: -

Md. Abdul Jahangir

and Another
... Plaintiffs
AND

The State of Telangana, Rep. by it's

Chief Secretary to Government,
Secretariat, Hyderabad and 6
Others

… Defendants

Examination in Chief filed by the

Plaintiff No.1 As P.W.1/Md. Abdul
Jahangir

Filed On: 19-09-2022

Filed by
Counsel for Plaintiffs

Address for Service:

Cell: 9848910670

SALEEM
SHAIK MUNNY BEGAM
SHAIK JILANI
SHAIK KHALEEL
ADVOCATES
Off: HUMAN RIGHTS ORGANISATION
8-255/1, Road No.9,
New Vivekananda Nagar,
Chintal, Hyderabad- 500037.