KOTLA SRINIVASULU Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Writ Petition is filed questioning the action of the respondents in not cancelling the building permission of the unofficial respondents vide permission in 1) Proc. No. 63382/PEDA/0953/2021, dtd. 13/9/2021, 2) Proc. No. 63259/PEDA/0950/2021, dtd. 13/9/2021, 3) Proc. No. 51428/PEDA/0734/2021, dtd. 16/9/2021, 4) Proc. No. 63475/PEDA/0967/2021, dtd. 16/9/2021 and 5) Proc. No. 63428/PEDA/0955/2021, dtd. 13/9/2021 and not implementing the orders passed by the Hon 'ble High Court in Writ Petition No. 25632 of 2021 and not stopping the illegal construction of buildings in Plot Nos. 9, 42, 75 and 14 in Survey No. 143, Kuntlur Village, Abdullapurmet Mandal, Peddamberpet, Ranga Reddy District.

(2.) Smt. Kommineni Mani Deepika, learned counsel for the petitioners submits that Noorjahan Katoon being the absolute owner alienated the land admeasuring Acs.40.12 guntas in Survey Nos. 142, 143, 151 and 154 under registered sale deed bearing document No. 391/1963, dtd. 25/10/1963 to Smt. Gurram Jangamma, W/o Sathaiah, Smt. G. Narsamma, W/o Swamy and Smt. Kolan Lachamma, W/o Yenkaiah and they have partitioned the above-referred purchased land among themselves and as per the said partition, the land admeasuring Acs.5.13 guntas in Survey No. 143 has fallen to the share of Smt. Gurram Jangamma and her name was recorded as pattadar and possessor. It is stated that Smt. Gurram Jangamma executed GPA vide document No. 123/1984 dtd. 4/6/1984 in favour of her husband Sri Gurram Sathi Reddy authorising him to deal with the property in Survey No. 143 to the extent of Acs.5.13 guntas and to alienate the same to the prospective purchasers. It is stated that thereafter, Sri Sathi Reddy obtained lay out from the Gram Panchayat, Kuntloor and divided the land into 67 plots in 1984 and the petitioners have purchased the said plots and are in physical possession and enjoyment of the property. It is stated that the unofficial respondents are not the owners and they are unconnected with the alleged lands. It is also stated that the unofficial respondents claim to have purchased the lands from one Butchi Reddy who is alleged to be a protected tenant and succeeded from his father Sathi Reddy basing on the proceedings, dtd. 31/5/1975. It is stated that the said proceedings do not pertain to Kuntloor Village and it is a fabricated document and basing on the said document, the unofficial respondents along with other land grabbers tried to grab the petitioners ' land and also tried to make construction. It is stated that the petitioners made an Application to the authorities concerned on 16/8/2021 not to grant any permission for construction in favour of the unofficial respondents. They filed O.S. No. 695 of 2021 before the I Additional Senior Civil Judge, Ranga Reddy District at L.B. Nagar seeking to declare various registered sale deeds as null and void and also sought for a perpetual injunction against the unofficial respondents and others. Learned counsel submits that the petitioners moved I.A. No. 482 of 2021 in O.S. No. 695 of 2021 and an order of status quo was initially granated on 22/7/2021, later it was extended till 24/3/2022. She submits that the petitioners made a representation dtd. 30/10/2021 not to grant any construction permission in favour of any third parties particularly in favour of the unofficial respondents, despite the same, in collusion with the official respondents, without considering the representation of the petitioners, permissions were granted to the unofficial respondents on 13/9/2021, 16/9/2021 respectively. Learned counsel submits that some of the plot owners have formed into an Association called as 'Balaji Nagar Plot Owners ' Association ' and they also gave a complaint dtd. 16/8/2021. It is stated that the Association filed Writ Petition No. 25632 of 2021 seeking a direction to the municipality to consider the representation dtd. 16/8/2021 and not to sanction any building permission to the third parties. The said Writ Petition was disposed of on 9/11/2021 directing the municipality to take into consideration the representation dtd. 16/8/2021 and to pass orders in accordance with law. Learned counsel submits that after disposal of the said Writ Petition, a notice was sent by the municipality on 26.112021 to submit the supporting documents in favour of the petitioners and the petitioners have submitted all the documents including the status quo order and requested not to grant any building permission. Another representation was made on 30/12/2021. It is stated that then a notice was issued on 6/1/2022 directing the unofficial respondents to stop the construction immediately till disposal of the court proceedings. It is stated that after receiving the notice, the unofficial respondents filed Writ Petition No. 5091 of 2022 and obtained interim orders on 1/2/2022. Learned counsel submits that the unofficial respondents have not even made the petitioners as respondents to the Writ Petition though they are proper and necessary parties and also the petitioners herein are the plaintiffs in the suit. She submits that this action of the official respondents in granting permission to the unofficial respondents is in clear violation of the status quo orders passed by the Court below and also the orders passed by this Court in Writ Petition No. 25632 of 2021. It is stated that because of this high-handed action of the respondent authorities, the petitioners are put to irreparable loss and if they continue the construction, there is every likelihood that it may give rise to third party rights. It is submitted that the unofficial respondents who have come to this Court by suppressing the facts and about the suit are not entitled for any relief from this Court.

(3.) Writ Petition No. 4957 of 2022 is filed to declare the action of the 4th respondent in directing the petitioners to stop the construction activity which is being carried out as per the permission in their respective plot Nos. 17, 53, 39 and 40 (Northern Part) situated at Kuntloor Village, Adbullapurmet Mandal, Ranga Reddy District without notice and without following due process of law as illegal and arbitrary.