Kotla Srinivasulu vs State Of Telangana

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, dated 13.09.2021, 2) Proc. No. 63259/PEDA/0950/2021, dated 13.09.2021, 3) Proc. No. 51428/PEDA/0734/2021, dated 16.09.2021, 4) Proc. No. 63475/PEDA/0967/2021, dated 16.09.2021 and 5) Proc. No. 63428/PEDA/0955/2021, dated 13.09.2021 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.

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, dated 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 dated 04.06.1984 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, dated 31.05.1975. 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 16.08.2021 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 22.07.2021, later it was extended till 24.03.2022. She submits that the petitioners made a representation dated 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 13.09.2021, 16.09.2021 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 dated 16.08.2021. It is stated that the Association filed Writ Petition No. 25632 of 2021 seeking a direction to the municipality to consider the representation dated 16.08.2021 and not to sanction any building permission to the third parties. The said Writ Petition was disposed of on 09.11.2021 directing the municipality to take into consideration the representation dated 16.08.2021 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 06.01.2022 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 01.02.2022. 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.

WRIT PETITIONS No. 4957 AND 5091 OF 2022:

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.

Writ Petition No. 5091 of 2022 is filed to declare the impugned notice vide Lr.No. G1/5915/2021, dated 06.01.2022 issued by the 4th respondent to stop the construction activity of the petitioners in their respective plots situated at Kuntloor Village, Abdullapurmet Mandal, Ranga Reddy District as illegal and arbitrary.

Sri Kowturu Pavan Kumar, learned counsel for the petitioners in both the above Writ Petitions submits that the petitioners have purchased the properties by way of registered sale deeds. It is stated that Balaji Nagar Plot Owners’ Welfare Association is claiming to be the owner of the plots and had filed O.S.No. 552 of 2013 on the file of the I Additional District Judge, Ranga Reddy District against A. Ramachandra Kumar and others claiming that they are owners and possessors of 67 plots in Survey No. 143 of Kuntloor Village and they purchased the same from one Smt. Gurram Gangamma. It is stated that in the said suit, the petitioners filed I.A. seeking injunction and it was dismissed on merits on 24.04.2014 holding that the petitioners in the said suit are not in possession of the schedule property. It is also stated that Balaji Nagar Plot Owners’ Welfare Association has filed an Appeal before the Revenue Divisional Officer, Ibrahimpatnam vide Appeal No. A2/6419/2013 against A. Ramchandra Kumar challenging the order of the Tahsildar dated 19.04.2006 in issuing pattadar pass book and title deed and the said Appeal is dismissed on merits. It is stated that later, the Association has filed O.S.No. 695 of 2021 on the file of I Additional Senior Civil Judge, Ranga Reddy District at L.B. Nagar seeking declaration that the sale deeds executed in favour of Ramachandra Kumar and others are null and void. It is stated that in the said suit, the Association filed I.A.No. 482 of 2021 seeking injunction retraining A. Ramchandra Kumar and others from alienating the land to an extent of Acs.5.00 which was described as schedule ‘B’ property and initially, they granted an order of status quo. He submits that the property does not exist in Survey No. 143 of Kuntloor Village. He submits that ignoring the earlier judgments of civil Courts and revenue Courts, the members of the Association are still claiming title and possession to the plots which are owned and possessed by the petitioners and other similarly-situated persons who purchased their respective plots from A. Ramchandra Kumar. He submits that issuing the impugned notice directing the petitioners to stop the construction activity is ex facie illegal and arbitrary as the petitioners have invested huge amounts for construction and dumped valuable material and unless and until there is an order by the competent Court, the municipality has no jurisdiction to direct the petitioners to stop the ongoing construction activity which is being commenced as per the sanction permission granted by the 4th respondent. It is stated that granting building permission is within the purview of the Municipalities Act and even for giving oral instructions, the 2nd respondent has no authority and that is without sanction of law. Hence, the petitioners have come up before this Court.

WRIT PETITION No. 10345 OF 2022

This Writ Petition is filed by Balaji Nagar Plot Owners’ Welfare Association. The relief sought for in this Writ Petition is to ‘declare the impugned notice dated 06.01.2022 issued by the 4th respondent holds good in view of the civil disputes between the parties and particularly, Respondent 5 to 9 illegally obtaining interim orders in Writ Petition No. 5091 of 2022 ignoring the status quo orders passed in O.S.No. 695 of 2021 on the file of the I Additional Senior Civil Judge, Ranga Reddy District at L.B Nagar by suppressing the Proceedings B/341/1975 which belongs to Mamidipally Village but not Kuntloor Village in Survey No. 143 to an extent of Acs.5.00 with false and fabricated documents by Respondents 5 to 9 is illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and against the principles of natural justice’.

Smt. K. Mani Deepika, learned counsel for the petitioner submits that the petitioner Association is owner of the property and the unofficial respondents have nothing to do with the land. It is stated that the notice issued is absolutely in consonance with the provisions of the Municipalities Act. It is stated that the petitioner seeks a direction to Respondents 5 to 9 to stop the construction activity in Survey No. 143 of Kuntloor Village and not to grant any building permission over the land.

All these Writ Petitions are connected with respect to the same subject matter and between the same parties. Hence, these Writ Petitions are being disposed of by way of a common order.

The petitioners in Writ Petition No. 21557 of 2022 have obtained a status quo order in I.A.No. 482 of 2021 in O.S.No. 695 of 2021. The suit is filed to declare the sale deed in respect of Schedule ‘B’ property as null and void and not binding against the plaintiffs and consequentially to declare the registered deed of conveyance of the defendants in respect of Schedule ‘B’ property as shown in Annexure-I of the plaint as null and void and not binding against the plaintiff and further, to grant perpetual injunction restraining the defendants, their agents from interfering with the peaceful possession and enjoyment of the plaintiff over ‘A’ schedule property. Along with the suit, they filed I.A.No .482 of 2021 and the prayer sought in the said IA is to grant ad interim injunction in favour of the petitioners restraining the defendants from alienating the schedule ‘B’ property and the Court has granted the order of status quo restraining the defendants from alienating the property which is extended till 24.3.2022. There is no piece of paper filed before this Court to show whether the said interim orders are extended by the Court below.

Be that as it may, the interim order granted is only directing the respondents not to alienate the property. Both the parties are claiming title to the property. In fact, the petitioners in Writ Petition No. 21557 of 2022 have already filed several representations before the authorities not to grant permission to the unofficial respondents. It appears that by issuing the impugned notice dated 06.01.2022 directing the unofficial respondents in Writ Petition No. 21557 of 2022 who are the petitioners in Writ Petition No. 5091 of 2022 to stop the construction, no further action has been taken by the respondent officials. This Court in Writ Petition No. 5091 of 2022 by order dated 01.02.2022 directed the respondent authorities not to take any coercive steps against the petitioners provided the petitioners are making construction strictly in accordance with the building permission granted. It appears that the interim order was not extended thereafter. When the petitioners in Writ Petition No. 21557 of 2022 and also Balaji Nagar Plot Owners’ Welfare Association have filed several representations to the official respondents, not to grant any permission to them claiming title to the property, the respondent Municipality is bound to consider the same but they failed to consider the said representations and the unofficial respondents by virtue of the interim orders passed by this Court are continuing with the construction activity. The respondent municipal authorities while granting permission, are bound to consider the objection, if any received, they can prima facie look into the title. In this case, the respondent authorities failed to consider the representations which they are bound to do. Hence, in the facts and circumstances of the case, this Court deems it appropriate to direct the respondent authorities to consider the representations filed by the petitioners in Writ Petition No. 21557 and 10345 of 2022.

The Writ Petitions are therefore, disposed of. The respondent authorities shall consider the representations pending before the official respondents with regard to the permissions granted in Plot Nos. 9, 42, 75, 14 in Survey No. 143 of Kuntloor Village, Abdullapurmet Mandal, Pedda Amberpet, Ranga Reddy District after giving due opportunity to all the concerned and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order. Till such time, the petitioners in Writ Petitions No. 4957 and 5091 of 2022 shall not carry out any construction activity. There shall be no order as to costs.

The Miscellaneous Applications, if any shall stand automatically closed.