P.RANGHOTHAM REDDY Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Since the subject matter of the land in both the writ petitions is pertaining to one survey number, both the writ petitions are taken up together and being disposed of by this common order.

(2.) Both the writ petitions are filed challenging the short fall letter dtd. 17/9/2020 bearing Lr.No.3/C5/06389/2020 refusing to grant construction permission in plot No.17 part in survey Nos.37, 38 and 39 belonging to the writ petitioner in W.P.No.18810 of 2020 and in plot No.18 in survey Nos.38 and 39 part belonging to the writ petitioner in W.P.No.18814 of 2020, situated at Kothapet Village, Saroor Nagar Mandal, Ranga Reddy District, as illegal and arbitrary.

(3.) The case of the petitioners, in brief, is that they are the owners and possessors of the subject plots respectively having purchased the same through registered sale deeds. The petitioners have submitted individual applications for grant of building permission in the subject plots. Vide impugned shortfall letter dtd. 17/9/2020, the authorities have refused to grant permission on the ground of pendency of O.S.No.413 of 2007 on the file of the Principal District Judge's Court, Ranga Reddy. It is the specific case of the petitioners that vide common judgment and decree dtd. 3/6/2006, passed in O.S.No.195 of 2003, O.S.No.196 of 2003 and O.S.No.516 of 2000, passed by the Additional Junior Civil Judge, Ranga Reddy, declaring the petitioners herein as the owners of plot Nos.17 and 18 respectively. Even the appeals filed by the unofficial respondents against the common judgment and decree, dtd. 3/6/2006, has been dismissed by the I Additional District Judge, Ranga Reddy at L.B.Nagar, vide common judgment dtd. 19/1/2007 passed in A.S.No.s137 and 139 of 2006. Therefore, mere pendency of O.S.No.413 of 2007 cannot be the basis for the official respondents to refuse grant of building permission. Hence, it is prayed to direct the respondents herein to grant building permission duly suspending the impugned short fall letter dtd. 17/9/2020. Unofficial respondents have filed a counter affidavit, referring to various civil suits adjudicated between the parties, and stating that under the guise of having plots in survey No.38, the writ petitioners are encroaching into the land in survey No.39/A. Therefore, the unofficial respondents have filed a comprehensive suit for declaration of title being O.S. No.413 of 2007 on the file of XI Additional District Judge, Ranga Reddy District at N.T.R. Nagar. Taking the same into consideration and after obtaining necessary legal opinion, the respondent authorities have refused to grant permission vide impugned short fall notice. Therefore, there is no illegality or irregularity in the impugned order and both the writ petitions are liable to be dismissed.