HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT PETITION No.9 of 2023
ORDER:
This Writ Petition has been filed seeking issuance of a Writ of Mandamus declaring the action of respondent No.2 in issuing building permission vide Letter No.194322/GWMC/4644/2022, dated 10.08.2022 for construction of Residential Building consisting of Ground Floor on Plot bearing No.15-1-469/30 admeasuring 275.08 square yards in Sy.No.698 situated at Duttapuran, Hanamkonda Revenue Village, Mandal and District in favour of respondent No.7 without verifying/inspecting the property, as illegal, arbitrary, un-constitutional and violation of principles of natural justice and prayed for appropriate reliefs.
2. This Court, vide interim order, dated 27.01.2023, directed respondent No.7 not to proceed with any construction in Sy.No.701, pending disposal of the Writ Petition.
3. During the pendency of the Writ Petition, respondent No.7, who is contesting respondent, has filed counter affidavit stating that the Greater Warangal Municipal Corporation, Warangal Urban, has granted building permission in terms of TSB Pass on 2 CVBR, J wp_9_2023 26.07.2022 vide Letter No.194322/GWMC/4644/2022, dated 10.08.2022. The Building Permission was accorded as 'Instant Aprpoval". Thereafter, respondent No.7 has commenced the construction strictly inconformity with the building permission. It is the further case of respondent No.7 that there is a dispute between the vendor of the petitioner and respondent No.2 and with a malafide intention the petitioner has made a complaint to respondent No.2 stating that respondent No.7 is not proceeding with the construction strictly in conformity with the sanction proceedings and that there are certain deviations. It is further stated that the petitioner has obtained the interim order by misrepresenting the Court and infact, the petitioner filed a suit for grant of permanent injunction vide O.S.No.2247 of 2022 against respondent No.7 and pending finalisation of the suit proceeding, respondent No.7 has proceeded with the construction. It is also stated in the counter that the petitioner has filed the present writ petition with all fabricated documents and therefore, prayed to dismiss the writ petition.
4. When the matter has been taken up for hearing, learned counsel for respondent No.7 has produced the proceedings issued by respondent No.2 in File No.GWMC/TP/Cir-II/E- 3
CVBR, J wp_9_2023 253141/2022, dated 18.02.2023 inter alia stating that both the parties to the writ petition i.e., petitioner and respondent No.7 are claiming the one and only property with different survey numbers and there is a judgment and decree in O.S.No.1186 of 2009 on the file of the II Additional Junior Civil Judge, Warangal. In the judgment made in O.S.No.1186 of 2009, the civil Court has made an observation that a survey was conducted through an Advocate Commissioner in support with the Assistant Director, Survey and Land Records and it is found in the Survey Report that the subject land falls in Survey No.701 and basing on such observation, the civil Court has decreed the suit in O.S.No.1186 of 2009 on 16.12.2019 against respondent No.7. Since respondent No.7 has lost her case and had obtained the building permission fraudulently by suppressing the suit proceedings and by misrepresenting the fact, respondent No.2 has cancelled/ revoked the building permission granted to respondent No.7.
5. Having regard to the facts and circumstances of the case and since the building permission has already been revoked by respondent No.2, the cause in the writ petition no longer survives and the writ petition has become infructuous. However, liberty is 4 CVBR, J wp_9_2023 given to respondent No.7 to question the proceedings, dated 18.02.2023, issued by respondent No.2.
6. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs.
As a sequel, the miscellaneous petitions pending, if any, shall stand closed.
____________________________ JUSTICE C.V.BHASKAR REDDY 14.03.2023 gkv 5 CVBR, J wp_9_2023 HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.9 of 2023 Date: 14.03.2023 gkv