Smt Dwaram Krishnaveni vs The State Of Andhra Pradesh
2023 Latest Caselaw 887 AP

          HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
                       MAIN CASE NO.:W.P. No. 3742 of 2023

                               PROCEEDING SHEET

Sl.     DATE                                      ORDER                                  OFFICE
No.                                                                                      NOTE


1.    15.02.2023   CMR, J

                          Learned Assistant Government Pleader for Municipal
                   Administration     &   Urban    Development    takes   notice   for
                   respondent No.1.

Sri K. Madhava Reddy, learned Standing Counsel for GVMC, takes notice for respondent Nos.2 and 3 and requests time to obtain instructions.

Issue notice to unofficial respondent No.4.

Learned counsel for the petitioners is permitted to take out personal notice to respondent No.4 by registered post with acknowledgment due and file proof of service in the Registry.

List the matter after four (4) weeks.

_______ CMR, J I.A.No.1 of 2023

As per the case pleaded by the petitioners, as there was a dispute relating to title in respect of the property in question between the petitioners and unofficial respondent No.4, earlier a suit was filed by the petitioners for permanent injunction against respondent No.4 in O.S.No.645 of 2017 on the file of the learned II Additional Junior Civil Judge, Visakhapatnam. Respondent No.4 also filed counter claim against the petitioners in the said suit. After full fledged trial, both the suit of the plaintiffs and also counter claim of respondent No.4 came to be dismissed by the competent civil Court. It appears that the petitioners have preferred appeal against the said judgment and decree in A.S.No.71 of 2022 on the file of the Court of XII Additional District Judge, Visakhapatnam. It is stated that respondent No.4 did not prefer any appeal against the dismissal of his counter claim.

Now, the grievance of the writ petitioners is that even though the 4th respondent has no title to the property and his counter claim was also dismissed that he has obtained a building permit from respondent No.2 by suppressing the material facts and by placing the misleading facts before the 2nd respondent and that he is now making effort to construct a house in the disputed site on the basis of the said building permit. It is stated that the petitioners have submitted a representation, dated 07.02.2023, before the Commissioner of the 2nd respondent - GVMC taking to his notice regarding the fraud played by respondent No.4 in obtaining the building permit and that the said representation is not being considered till now.

Therefore, as it is stated that respondent No.4 has obtained building permit by suppressing the material facts and without any title to the property in question, in the said facts and circumstances of the case, there shall be interim direction to respondent No.2 to consider the representation of the petitioners, dated 07.02.2023, and if it is found that there is merit in the said representation then to take steps to order respondent No.4 to stop the work, by the next date of hearing.

________ CMR, J

AKN