A. MALLESH Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This writ petition has been filed seeking a writ of mandamus to declare the action of respondents more particularly respondent No.2 in passing the orders dtd. 2/1/2023 with Lr.No.1/C20/22171/2018/02/E-office No.226495 granting building permission in favour of respondent No.4 in respect of land forming part of Sy.Nos.165/P, 166/P, 167/P and 169/P situated at Maseed Banda, Kondapur, Serlingampally mandal, Ranga Reddy District without issuing notice to the petitioners and without conducting enquiry as illegal, arbitrary and without following due process of law as envisaged under the provisions of GHMC Act, 1955 and consequently to set aside the order dtd. 2/1/2023 with Lr.No.1/C20/22171/2018/02/E-Office No.226495 on the file of respondent No.2. Brief facts of the case:

(2.) This writ petition is filed by the GPA holder of petitioner Nos.1 to 5. The brief facts of the case are that the petitioners along with Late A.Ramaswamy are the biological brothers and are sons of Late A.Sathaiah. The said Late A.Ramaswamy died on 3/9/2021 leaving behind his sons as his sole surviving legal heirs. The petitioner submits that they along with Late A.Ramaswamy are the absolute joint owners of agriculture land admeasuring Ac.2-00 gts., in Sy.No.169 (Part), situated at Kondapur VIllage, Serilingampally Mandal, GHMC, Ranga Reddy District (for short 'the subject property' hereinafter) have acquired the same by way of purchase under registered sale deed dtd. 24/12/1997 bearing Doc.No.6501/1998 from its previous owners and since from the date of purchase they are in peaceful possession and enjoyment of the subject property. It is submitted that originally Buyya Narayana was the possessor of the land admeasuring Ac.16-01 gts., in Sy.No.169 of Kondapur Village, Serilingampally Mandal, Ranga Reddy District which includes the present subject property in the capacity as protected tenant and his name was also mutated in the revenue records as pattadar and possessor.

(3.) The said Buyya Narayana died on 28/1/1990 leaving behind his seven (7) sons along with heirs of his predeceased son B.Venkataiah. They have executed a Registered General Power of Attorney bearing Doc.No.140/1997 appointing Mr.Y.Jaihind Reddy as their lawful attorney in respect of land admeasuring Ac.6-00 guntas in Sy.No.169 of Kondapur Village, Serilingampally Mandal, Ranga Reddy District out of Ac.16-01 gts., in Sy.No.169 of Kondapur Village, Serilingampally Mandal, Ranga Reddy District who has later alienated the subject property to the petitioners herein and thus, petitioners have become absolute owners and possessors of the same.