POTHU RAJENDER Vs. STATE OF TELANGANA

JUDGEMENT

(1.) THIS writ petition is filed for a mandamus declaring the action of the 3rd respondent in granting permission of the compound wall in favour of respondents 4 to 7 vide permit No.BA/05/2014, dated 26 -06 -2014 and the consequential building permissions in favour of the respondents 8 to 17, vide permit Nos. BA/49/2014 and BA/50/2014, dated 11 -07 -2014, BA/51/2014, BA/52/2014, dated 15 -09 -2014, BA/75/2014, BA/76/2014 dated 26 - 09 -2014 issued in favour of respondents 8 to 17 respectively in Survey No.693, Janagoun Shivar village, Godhavari Khani, Ramagundem Municipal Corporation, Karimnagar District as illegal and arbitrary and for a consequential direction to cancel the said permits.

(2.) THE case of the petitioners is that all the petitioners are in occupation of small extents of land admeasuring Ac.0.39 guntas in Survey No.693 of Jangoun Shivar village, Godhavarikhani, Ramagundem Municipal Corporation Limits, Karimnagar District, popularly known as Market Area, Shivaji Nagar Chowrasta, since last more than 45 years and they made small constructions over the said land in which they were doing their petty businesses like Garments shop, Barbar shop, Tea Stall and cloth etc. While so, the employees of the 3rd respondent Municipal Corporation asked them to vacate the premises for construction of a new Municipal Complex and the petitioners filed W.P.No.824 of 2004 and obtained interim direction in WPMP.No.1069 of 2004 on 09 -01 - 2004 directing the 3rd respondent not to demolish the structures without following due process of law and ignoring the said interim direction, the 3rd respondent high handedly demolished their structures in the said land by using police force and bulldozers in the year 2006, for which they filed C.C.No.446 of 2007 complaining disobedience of the interim direction and the same is pending. That the land on which the petitioners are in possession is owned by the respondents 4 to 7 and the father of respondents 4 to 7 entered into an agreement of sale dated 15 -04 -1968 with the 18th respondent and as the respondents 4 to 17 have not honoured the agreement of sale dated 15 -04 -1968, 18th respondent, filed O.S.No.135 of 1975 on the file of District Munsif, Sulthanabad and the said suit was decreed in favour of 18th respondent on 17 -05 -1975 and the 18th respondent has not dispossessed the petitioners and that W.P.No.824 of 2004 was disposed of on 02 -12 -2013 directing the respondents 1 and 3 therein not to dispossess the petitioners except in accordance with law and the 18th respondent is the owner of the land.

(3.) THE petitioners also stated that W.P.Nos.2138 of 2009 and 2098 of 2010 filed by the respondents 4 to 7 claiming that they are owners of the above said land were also disposed of by a common order on 02 -12 -2013 along with W.P.No.824 of 2004 directing the respondents not to dispossess the respondents 4 to 7 and the petitioners without following due process of law. Apart from that, respondents 4 to 7 along with some others also filed W.P.No.18703 of 2006 claiming to be owners of the property and the respondent Municipality cannot dispossess them. Pending the said writ petition, the respondents 4 to 7 claiming themselves as owners of the above said land, filed an application before the 3rd respondent for grant of permission to construct a compound wall in respect of total area of Ac.0.39 guntas in Survey No.693 of Janagoun Shivar village, popularly known as Market area, Shivajinagar Chowrasta and the same was granted vide Permit No.BA/05/2014, dated 26 -06 -2014 by the 3rd respondent and thereafter, the respondents 4 to 7 sold the said land to the respondents 8 to 17 under various registered sale deeds basing on which consequential building permissions to construct buildings over the said land were granted by the 3rd respondent to the respondents 8 to 17 vide Permit Nos.BA/49/2014, and BA/50/2014, dated 11 -07 -2014, BA/51/2014, BA/52/2014, dated 15 -09 -2014, BA/75/2014, BA/76/2014, dated 26 -09 -2014 and that as the said building permissions were illegally granted by the 3rd respondent, a complaint was made by some Corporators and Ex -Councellors basing on which a detailed enquiry was conducted by the Revenue Divisional Officer, Peddapally, who submitted a report on 15 -12 - 2014 and several complaints were made against the then Municipal Commissioner. Thereafter, respondents 8 to 17 herein filed O.S.No.28 of 2014 on the file of VI Additional District Judge, Godhavarikhani seeking perpetual injunction against the 18th respondent -company claiming that they are owners and possessors of the subject land having purchased the same under registered sale deeds from respondents 4 to 17 and along with the suit, they filed I.A.No.447 of 2014 seeking interim injunction and the same was granted on 19 -01 -2015 and the said orders are confirmed in C.M.A.No.59 of 2015 on 12 -02 -2015 and the petitioners herein filed I.A.No.71 of 2015 seeking their impleadment in the said suit and the same is pending. The petitioners further stated that the 18th respondent -company is having title and ownership over the above said land in view of the decree passed in O.S.No.135 of 1975 on the file of District Munsif, Sulthanabad dated 17 -05 -1975 and that the respondents 4 to 7, who are no longer holding the title from the said date, cannot transfer their title and ownership in respect of the above said land in favour of respondents 8 to 17, as such, the persons, who are not having even a prima facie title, cannot be permitted to make constructions over the above said land. It is further stated that the petitioners have filed representations on 03 -02 -2015 to the respondents 2 and 3 to cancel the permits issued in favour of respondents 4 to 17. Aggrieved by the grant of permits in favour of respondents 4 to 17, the present writ petition has been filed.