RAYUDU REVATHI Vs. STATE OF A. P.

JUDGEMENT

(1.) The writ petition is filed under Article 226 of the Constitution of India seeking to declare the endorsement dated 27.8.2020 in RC.No.1234/2020/ACP-VI, issued by the 4th respondent as illegal, arbitrary and without jurisdiction and consequently set-aside the same.

(2.) The learned counsel for the petitioner submitted that the petitioner was the absolute owner and possessor of a house site admeasuring 342sq.yards in Sy.No.207/2B, Patta No.43 in Plot No.7of Adavivaram Revenue Village in GVMC Ward No.72 of Chinagadili Mandal, Visakhapatnam District. The petitioner purchased the said property from Kudipudi Padmalatha under a registered sale deed no.858/2004 dated 01.3.2004 of Sub Registrar, Gopalapatnam. The petitioner applied to the Greater Visakhapatnam Municipal Corporation (for short GVMC) for approval of building permission for residential purpose. The GVMC accorded permission/approval to the plan vide its proceedings in B.A.No.11729/2015/ACP-VI dated 06.3.2018. The GVMC has granted TDR No.520 vide Rc.No.10/2-9/ACP-VI, dated 05.5.2018 issued by the Commissioner, GVMC as per G.O.Ms.No.119, MA, dated 28.3.2017 and basing on the said permission, the petitioner has started construction of the building and while proceeding with construction, adjacent site owners namely TAta Satya Prakash and Smt. Mantha Revathi in Plot No.5 raised a dispute and filed O.S.No.1140/2018 on the file of the I Additional Senior Civil Judge, Visakhapatnam seeking permanent injunction restraining the petitioner from interfering with their peaceful possession and enjoyment. Pending the suit they filed I.A.No.1092/2018 seeking temporary injunction and the same was dismissed. Against the dismissal of the said I.A., the plaintiffs therein filed C.M.A.No.12/2019 on the file of the learned XI Additional District Judge, Visakhapatnam and the same is pending.

(3.) While things stood thus, having failed in their attempt to get in interim injunction, they resorted to initiate criminal proceedings and on the complaint of the 2nd plaintiff therein F.I.R.No.3/2020 is registered for the offences under Sections 107 and 145 Cr.P.C. On the basis of the same, police submitted a report to the Executive Magistrate, Gopalapatnam.