MOHAMMAD FAREED PASHA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Writ Petition is filed seeking the following relief:

(2.) Sri B. Arjun Rao, learned counsel for petitioner submits that petitioner is the absolute owner and possessor of joint plot (A) in Survey Nos. 149, 150, 152, 153, 154, 155, 156 &166 of Varidela Revenue Shivar, Kollapur Nagar Panchayat, Kollapur Mandal having purchased the same under a registered sale deed dtd. 1/2/2022 and link document dtd. 1/3/2014. Originally, the owner of the property is Sri T.V. Krishna Rao and his sons owns an extent of Acs.9.05 guntas and during the lifetime of the said Krishna Rao, he had partitioned the property by executing a registered partition deed dtd. 1/3/2014 and converted the same into residential open plots and out of the total extent of Ac.9.05 guntas, only Ac.3.00 in the said survey numbers were converted into 58 plots and also one joint plot (A) and one joint plot (B). It is submitted that after the death of Sri Krishna Rao, his sons alienated the property in favour of the petitioner vide sale deed dtd. 1/2/2022 and a rectification deed dtd. 8/2/2022 was executed by rectifying the extent of plot as 61.11 square yards instead of 69.44 square yards. It is submitted that the 5th respondent started claiming the property without having any valid document and started construction in his plot illegally without obtaining any permission. The petitioner has applied for grant of building permission to the 3rd respondent on 9/2/2022 by uploading all the necessary documents as mandated under Sec. 174(7) of the Telangana Municipalities Act, 2019 (for short, 'the Act'). Basing on the same, instant building permission was granted to the petitioner on 9/2/2022, as such, he has taken steps to construct the building. Learned counsel submits that the 5th respondent started interfering with the petitioner's construction without having any valid title and right over the property. On 1/2/2022, the petitioner's vendors have also lodged a report with the 4th respondent stating that they have not sold the said property to the unofficial respondent who is creating hurdles to the petitioner. The vendors also gave a representation to the 3rd respondent on 1/2/2022 stating that the property was sold to the petitioner and no rights were transferred to the unofficial respondent. It is submitted that the petitioner also submitted a report on 14/2/2022 and 16/2/2022 about the illegal constructions being carried out by the 5th respondent over the petitioner's plot but the official respondents failed to take any action. He submits that in respect of plot in Survey No. 156, Writ Petition No. 14375 of 2021 was filed and the said Writ Petition was disposed of wherein it is observed that revocation order dtd. 1/6/2021 as well as building permission dtd. 21/5/2021 issued in favour of the petitioner therein and building permission dtd. 30/5/2021 issued by the 2nd respondent in favour of the 3rd respondent therein are set aside, however, liberty is granted to the petitioner as well as the 3rd respondent therein to approach the competent civil Court to decide the title dispute in respect of the subject plot No.20. He submits that the writ schedule property is identical and similarly-situated and the vendors are also one and same. He further submits that the 3rd respondent has failed to act in a manner known to law and the 3rd respondent is not stopping the illegal construction being carried out by the 5th respondent herein under the aid and assistance of the 4th respondent.

(3.) A counter-affidavit is filed on behalf of the unofficial respondent. Learned counsel Sri Avinash Desai submits that the 5th respondent is the owner and possessor of Plot Nos. 6 and 26 located in Survey No. 155 of Varidela Village of Kollaur Mandal. Plot No. 26 is bought by the 5th respondent from one Sri T.V. Seshagiri Rao and Plot No.6 was bought from his sons in 1987. The unofficial respondent has constructed common compound wall covering her property and obtained land regularisation permission for Plot No. 26 vide proceedings dtd. 28/2/2017. She had also taken permission from the Municipality for construction in Plot No. 26 and obtained electricity connection. Learned counsel submits that the 5th respondent has been in continuous possession and enjoyment of the property since the date of purchase in 1987 and 1993 respectively. The vendors of the writ petitioner i.e. sons of Sri T.V. Krishna Rao, have tried to dismantle the compound wall built by the 5th respondent on 11/12/2021 and disputed the title over the 5th respondent property. It is submitted that even a suit was filed for declaration of title and perpetual injunction vide O.S.No. 450 of 2021 on the file of the Junior Civil Judge's Court at Kollapur with respect to Plot No. 6 against the vendors of the petitioner and I.A.No. 889 of 2021 for grant of temporary injunction against the vendors of the petitioner restraining them from interfering with the possession over plot No.6. The said suit is pending before the Junior Civil Judge at Kollapur and the same has been posted for hearing on 23/2/2022. It is submitted that joint plot (A) in Survey Nos. 149, 150, 152, 153, 154, 155, 156 and 166 of Varidela Village has been intentionally modified or corrected on multiple occasions in order to overcome various legal regulations since 2014. Learned counsel submits that the petitioner has approached this Court with unclean hands by suppressing certain material facts which are being brought on record by the 5th respondent. The petitioner has suppressed the fact that he had initially applied for building permission and fraudulently obtained permission dtd. 9/12/2021 for an extent of 200 square yards misrepresenting the 5th respondent property as their own property. He had applied for permission basing on the registered sale deed where they showed the boundaries to be that of plot No.6 of the 5th respondent property. It is submitted that the 5th respondent has also filed a complaint against the petitioner. Then the official respondents after issuing notice and considering the submissions, did not find the Application satisfactory and revoked permission on 9/12/2021. In the said revocation order, it is mentioned that as per the registered document and link documents provided the measurements of the plot being claimed by the petitioner did not tally, the boundaries to the extent submitted under the application are not matching and the katcha plan of document was not matching with katcha plan in the link documents. Additionally the 3rd respondent directed the petitioner not to carry out any construction activity and warned that if any construction is commenced, the same would be demolished without issuance of notice under Sec. 174(4) of the Act and the said aspect has been suppressed by the petitioner which has attained finality as the same was not challenged. The unofficial respondent has made multiple representations to the District Registrar, Mahabubnagar, Commissioner and Inspector General of Registration and Stamps, Hyderabad dtd. 20/1/2022 after noticing discrepancies in the extent of land and boundaries provided for petitioner property in the sale deed dtd. 20/11/2021. After the revocation order is passed, another sale deed dtd. 1/2/2022 was registered at Kollapur Sub-Registrar Office for an extent of only 69.44 square yards by cancelling the earlier sale deed registered with the Sub-Registrar Office at Kollapur. Then the 5th respondent once again brought this to the notice of the authorities. Thereafter, the petitioner along with his vendors entered into another rectification deed dtd. 8/2/2022. It is submitted that basing on this rectification deed, the petitioner applied for another instant TS-bPASS approval vide Application dtd. 9/2/2022 without disclosing the details of cancellation of sale deed number and revocation of building permission made under it. He submits that the present Petition is filed only with an intention to coerce the unofficial respondent.