Telangana High Court

WP/46678/2022 of Meegada Venkata Krishna Yadav Vs The State of Telangana and 2 others on 30 December 2022

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO :PRESENT: THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI WRIT PETITION NO: 46678 OF 2022 Between: Meegada Venkata Krishna Yadav, S/o. Late Kannaiah

HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

(Special Original Jurisdiction)

FRIDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND TWENTY TWO:PRESENT:

THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTIWRIT PETITION NO: 46678 OF 2022

Between:

Meegada Venkata Krishna Yadav, S/o. Late Kannaiah Yadav, Aged about 51years, Occ: Business, Rl/o. H.No. 15-15-225, Dwarakanagar, Khammam.

...Petitioner

AND

1. The State of Telangana, rep. By its Principal Secretary, MunicipalAdministration And Urban Development Department, Secretariat, Hyderabad.Administration And Urban Development Department, Secretariat, Hyderabad.2. Khammam Municipal Corporation, rep. By its Commissioner, Khammam Cityand District.and District.

3. Smt. Velpula Madhavi, Wo. Velpula Lakshminarayana, Aged major, Fl/o.H.no. 5-7-57, Cheruvu Bazar, Khammam.H.no. 5-7-57, Cheruvu Bazar, Khammam.

...Respondents

Petition under Article 226 of the Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may bepleased to issue an appropriate Writ, Order or Direction, more particularly one inthe nature of Writ of Mandamus, to declare the action of the respondent No.2 inissuing the Approval for Building construction dt. 131612022 bearing File no.no.005204/BP|DTCP1301Bl00BOl2021 , permit no.021618P1301812022 in respectof the land in Sy.No. 276 admeasuring 4849 Sq. Yards equivalent to Ac. 1.00gts., situated at Dwarakanagar, Khanapuram Haveli Revenue village, with in thelimits of Khammam Municipal Corporation, Khammam City, in spite of the legalnotice dt. 241112019 followed by reminder written representation dt. 2711012021,as being illegal, arbitrary, unjust and unconstitutional and consequently set asidethe Building permit order dl. 131612022; lA NO: 1 OF 2022

Petition under Section 151 CPC praying that in the circumstances statedin the affidavit filed in support of the petition, the High Court may be pleased tosuspend the Building Permit Order d1.131612022 bearingFile.no.005204iBP/DTCP/301 81008612021 , permit no.0216/8P/3018/2022 issuedby the 2nd respondent.

Counsel for the Petitioner: SRl. KARUNAKAR REDDY

Counsel for the Respondent No.1: GP FOR MCPL ADMN URBAN DEV

Counsel forthe Respondent No.2: SRI P SREEDHAR RAO (Standing Counsel for Municipality)

The Court made the following: ORDER

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

WRIT PETITION No.46678 of 2022

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ORDER:

The writ petition is filed seeking the following reliel:

"... to issue an appropriate Writ, Order or Direction, more particularlyone in the nature of Writ of Mandamus to declare the action of therespondent No.2 in issuing the Approval for Building construction dt.rc.6.2A22 bearing File no.O052O4 IBP /DTCP /3Ola/OOa6l2O21, permitno.O216 /BP /3ola /2022 in respect of the land in Sy.No.276admeasuring 4849 Sq.Yards equivalent to Ac.I.O0gts situated atDwarakanagar, Khanapuram Haveli Revenue village within the limits ofKhammam Municipal Corporation, Khammam City in spite of the legalnotice dt.24. 1.2O 19 followed by reminder written representation dt.27.7O.2O27 as being illegal, arbitrary, unjust and unconstitutional andconsequently set aside the Building permit order d|.13.6.2022 and .....".one in the nature of Writ of Mandamus to declare the action of therespondent No.2 in issuing the Approval for Building construction dt.rc.6.2A22 bearing File no.O052O4 IBP /DTCP /3Ola/OOa6l2O21, permitno.O216 /BP /3ola /2022 in respect of the land in Sy.No.276admeasuring 4849 Sq.Yards equivalent to Ac.I.O0gts situated atDwarakanagar, Khanapuram Haveli Revenue village within the limits ofKhammam Municipal Corporation, Khammam City in spite of the legalnotice dt.24. 1.2O 19 followed by reminder written representation dt.27.7O.2O27 as being illegal, arbitrary, unjust and unconstitutional andconsequently set aside the Building permit order d|.13.6.2022 and .....".

2. Mr. Karunakar Reddy, learned counsel for the petitioner submits

2. Mr. Karunakar Reddy, learned counsel for the petitioner submits that the respondents have granted permission in favour of unofficialrespondent for construction of a building. Thereafter, the petitioner has gotissued a legal notice to the respondents on 24.O1.2019, wherein, it is statedthat the land admeasuring Ac. 1.00Gts in Sy.No.276 of Khanapuram HaveliRevenue Village within the limits of Khammam Municipal Corporation,Khammam was purchased jointly by father of petitioner and one MeegadaPitchaiah through registered sale deed on 13.02.1980. It is stated thatthough the entire consideration is paid by the petitioner's father, in view ofthe blood relation, the sale deed was obtained in the name of petitioner'suncle i.e. Meegada Pitchaiah and it is stated that the said Pitchaiah hasadmitted the said facts on several occasions. It is stated that thereafter, O.S.No. 181 of 2OOl was Iiled by [sons ][of vendor of ][the ][said ][sale deed ][i.e. ][one]Chandrakani Pedda Gattaiah [and ][others ][and during ][the ][pendency ][of ][the]same, they have also executed [several sale deeds ][and ][based ][on ][the ][sham]and nominal documents, the [unofficial ][respondent ][has ][obtained ][the]permission. In view of the same, the [petitioner ][has ][made ][a representation ][to]the respondents to cancel the said [permission, which ][was ][not ][considered ][by]them.

3. Mr. P. Sreedhar Rao, learned standing [counsel ][for ][the ][respondent]municipality submits that in the legal [notice ]that [is ][got ][issued ][by ][the]petitioner, it is stated about several litigations between the [parties ][and]according to the petitioner, the said sale [deed ][is ][in ][favour of his ][uncle and ][he]also admits that there are several sham altd [nominal ][documents ][are]executed. He submits that all these issues [are beyond ][the ][jurisdiction ][of ][the]municipality and they cannot consider the [same.]

4. When an application is fiied seeking building [permission, ][the]respondents can only look into [prima ]facie title ald [legal possession ][to ][the]property. In the notice that is got issued by [petitioner, ]the [petitioner ][has]stated about several disputes and even according [to him, ][several ][registered]documents are there which are sham ald nomina-I. [These ][issues, ][the]respondents cannot consider and it is for the [petitioner ]to [approach ][the]competent forum for the said grievance. In [view ][of the ][same, ][this ][court]

cannot direct the respondents to consider [the ][case ][of ][the ][petitioner ][looking]at the notice dated 24.01.2019.

5. Accordingly, the writ [petition ]is disposed of [giving ][liberty ][to ][the]petitioner to avail the appropriate remedy under [law. There ][shall ][be ][no ][order]as to costs.

Applications, if any shall standSD/-B.CHANDRA PRAKASHASSISTANT REGISTRAR//TRUE COPY//l,_

The Miscellaneousautomatically closed.

SECTION OFFICER

To,1. The Principal Secretary, Municipal Administration [And Urban ][Development]Department, State of Telangana, Secretariat, [Hyderabad.]1. The Principal Secretary, Municipal Administration [And Urban ][Development]Department, State of Telangana, Secretariat, [Hyderabad.]

2. The Commissioner, Khammam Municipal Corporation, [Khammam ][City and]District.District.

3. One CC to SRl. KARUNAKAR REDDY Advocate [OPUC][OPUC]

4. One CC to SRl. P SREEDHAR RAO, Standing Counsel [for ][Municipality, ][High]Court for the State of Telangana, Hyderabad. [OPUC]Court for the State of Telangana, Hyderabad. [OPUC]5. Two CCs to GP FOR MCPL ADMN URBAN [DEV, High Court for ][the ][State ][of]Telangana. [OUTITelangana. [OUTI

6. Two CD Copies

HIGH COURT

LK.JDATED:.3011212022

ORDERWP.No.46678 ot 2022

WRIT PETITION IS DISPOSED OFWITHOUT COSTS

:l[ 2 [ltt ][?[23]:)'J,t* O5g p.r; t-,',

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