M VENKATESWARLU Vs. PUTTAPARTHY URBAN DEVELOPMENTAUTHORITY

JUDGEMENT

(1.) Puttaparthy is the abode of Bhagawan Sri Satya Sai Baba. It has become an important spiritual centre, and a township has developed. The Government of Andhra Pradesh constituted the Puttaparthy Urban Development Authority, the 1st Respondent herein, in exercise of power under the A.P. Urban Areas Development Act (for short 'the Act'), to ensure proper and systematic development of the town. The 2nd Respondent submitted an application to the 1st Respondent, with a request to accord permission to construct a building upon a plot, of 11 cents in Sy. No. 48-2 of Enumulapalli Village, Puttaparthy Mandal of Anantapur District. Permission was accorded on 05-02-2004. Challenging the same, the Petitioners filed an appeal before the Government of A.P., in Municipal Administration Department, under Section 42(2) of the Act. An order of stay was granted by the Government on 08-09-2005.

(2.) Feeling aggrieved by the order of stay, the 2nd Respondent filed W.P. No. 17701 of 2007. The writ petition was disposed of on 26-10-2007, directing the Government to pass orders in the appeal itself, within a period of two months from the date of receipt of a copy of the order. The Government passed order dated 28-01-2008, remanding the matter to the 1st Respondent with a direction that the matter be examined, with reference to the legal issues and the orders of injunction obtained by various parties, and to cancel the permission, if any, already given. After remand, the 1st Respondent heard the Petitioners and the 2nd Respondent, and passed order dated 16-03-2009, according permission to the 2nd Respondent to construct the building upon the site in Sy. No. 48-2. The Petitioners challenge the order passed by the 1st Respondent.

(3.) The brief facts relevant to this writ petition are that the family of the Petitioners held land in Sy. Nos. 48-1 and 48-2 of Enumulapalli Village, Puttaparthy Mandal, and out of the land in Sy. No. 48-1, an extent of 8 cents was gifted in favour of their sister by name, Subbamma, and another extent of 3 cents was sold in favour of one, Mr. Santhilathapathi, on 22-07-1992. The 3 cents of land was sold in favour of Lellabhai on 16-07-1985. While Lellabhai, in turn, sold 3 cents to Tejram Pahwa, on 31-12-1990, Subbamma sold 8 cents on 24-12-1990 to the wife and sons of Tejram Pahwa. The pahwa's family sold the total of 11 cents held by them in favour of Radha Krishna Reddy on 24-02-1999. The 2nd Respondent is said to have purchased 11 cents from Radha Krishna Reddy on 07-02-2000. However, in sale deeds dated 24-02-1999, the survey number of 8 cents and 3 cents was mentioned as 48-2.