NIMMALA SAMANITA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This writ petition is filed questioning the action of respondent No.2 in not considering the representation dtd. 9/12/2021 made by petitioner for cancelling the building permission accorded in favour of respondent No.3 vide File No.1/C21/15513/2019, dtd. 31/3/2021 in accordance with Sec. 450 of GHMC Act, 1955, as illegal and arbitrary.

(2.) Heard learned counsel for the petitioner Mr.V.V.N.Narayana Rao, learned Government Pleader for Municipal Administration and Urban Development for respondent No.1, learned Standing Counsel for respondent No.2 Mr. Sampath Prabhakar Reddy and learned counsel for respondent No.3 Mr. G. Vasudevudu.

(3.) The case of petitioner is that her great grandfather was the original pattadar and possessor of the land to an extent of Ac.21.27 gts in Sy.Nos.54 and 56 situated at Hafeezpet Village, Serilingampalli Mandal, Ranga Reddy District, and after his death, the properties were partitioned, and in the partition, the lands located in Sy.No.54/2(old Sy.No.54) to an extent of Ac.1.37 gts and SY.Nos.54 and 56 to an extent of Ac.3.22 gts, total admeasuring Ac.5.19 gts each, were allotted to her grandfather and pattadar passbooks and title deeds were issued in his favour and he died leaving behind his son and two daughters. It is stated that after the death of her father, the petitioner and his mother have succeeded to the property, and thereafter, her mother died on 10/5/2021 and while performing her last rites, she came to know that one Sri G.K.Reddy had played fraud on her father and other family members and executed registered release deed vide document No.73 of 2008 dtd. 3/1/2008 in his favour and she came to know that there were some differences among their family members and the said release deed was cancelled through registered cancellation deed dtd. 30/6/2008. It is stated that assailing the correctness of the same, Sri G.K.Reddy has filed W.P.No.19018 of 2008 and the same is pending for adjudication and after attaining majority, the petitioner also filed W.P.No.31304 of 2021 for cancellation of release deed dtd. 3/1/2008. It is further stated that she came to know that her family members have jointly sold Ac.14.00 gts in Sy.No.54 in favour of Matrusri Cooperative Housing Building Society and the said society had obtained layout from the then HUDA vide permit No.2209/MP2/HUDA/90 and allotted the plots to its members. It is stated that respondent No.3 had purchased the land in Plot Nos.763, 763/1, 763/2/Part, 763/2, 763/3, 763/4, 763/5 and 763/6 to an extent of 409, 392, 60, 300, 450, 718, 334 and 180 sq. yards respectively, total admeasuring 2843 sq. yards, situated at Sy.No.54, Hafeezpet Village, Sherilingampalli Mandal through registered sale deed dtd. 28/2/2019 from B. Suresh Babu and others, who have created documents in their favour. It is stated that there is no by numbers for Plot No.763, which is existing as per the approved layout with an extent of 409 sq. yards only. It is further stated that basing on the said sale deed, respondent No.3 had encroached into the petitioner's land, created sale deeds and obtained building permit from respondent No.2. and under the guise of said permit, respondent No.3 is undertaking construction activity in the land of petitioner and after she came to know the same, she got issued a legal notice to respondent No.3 to stop the construction, for which respondent No.3 has given evasive reply and therefore, the petitioner has filed a representation dtd. 9/12/2021 to respondent No.2 to conduct enquiry and cancel the building permit issued in favour of respondent No.3, but respondent No.2 has failed to take any action and hence, she is constrained to approach this Court.