THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY
WRIT PETITION No.14110 of 2021
ORDER:
Heard the learned counsel for the petitioner, and Sri Pasham Krishna Reddy, learned Standing counsel for Greater Hyderabad Municipal Corporation appearing for the respondents. With their consent, the Writ Petition is disposed of at the stage of admission itself.
Aggrieved by the action of the respondent No.3 in rejecting the petitioner's building permission application dated 28.01.2021 in respect of plot Nos.49 and 50 bearing premises No.8-2- 685/B/16 admeasuring 2156 sq. yards in survey No.129/68 Paiki situated at Shaikpet Village and Mandal, Hyderabad, vide rejection letter dated 03.04.2021, the present writ petition is filed.
Learned counsel for the petitioner has stated that there is a clear finding of fact by various Courts that the subject land is falling in Survey No.129/68 Paiki and the said orders are confirmed upto the Hon'ble Supreme Court. Therefore, rejection of building permission by the respondent authorities is illegal and arbitrary.
As can be seen from the material on record, this Court in C.C.C.A.No.14 of 1972 vide judgment dated 26.10.1976 has held that the subject land is falling in Survey No.129/68 Paiki and not in Survey Nos.129/51 & 129/52, and the same has been confirmed by the Hon'ble Supreme Court in Civil Appeal No.5113 of 2017 vide judgment dated 11.04.2017. Once this Court as well as the Hon'ble Supreme Court have held that the subject land is falling in survey No.129/68 paiki, the respondent authorities basing on the letter addressed by the Joint Collector or any 2 authority, cannot reject the building permission on the ground that the land is falling in survey No.129/51 or 52. Hence, this Court is of the opinion that the impugned rejection letter cannot be sustained and the same is liable to be set aside.
The other contention that the petitioner has also misrepresented also cannot be sustained in view of the finding of fact by this Court and confirmed by the Hon'ble Supreme Court. If any person is claiming the land in survey No.129/51 and 52, it is for the said person to approach the Civil Court and prove the same by leading evidence to that effect based on which the Court will pass a Decree. Once, the orders of this Court as well as the Hon'ble Supreme Court are in subsistence, no authority can simply issue letter controverting the said finding of fact.
Therefore, the Writ Petition is allowed, and the impugned rejection letter dated 03.04.2021 is hereby set aside and the matter is remanded to respondent No.3 for passing the orders afresh on the building permission application made by the petitioner on 28.01.2021, keeping in view the order passed by this Court in C.C.C.A.No.14 of 1972 vide judgment dated 26.10.1976 as confirmed by the Hon'ble Supreme Court in Civil Appeal No.5113 of 2017 vide judgment dated 11.04.2017.
The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.
________________________ A.ABHISHEK REDDY, J Date: 24.06.2021.
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