Andhra Pradesh High Court - Amravati
Markapuram Murali Krishna vs The State Of Andhra Pradesh on 21 September, 2023
THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION No.24688 OF 2023
JUDGMENT:-
Heard Sri Syed Kaleemulla, learned counsel for the
petitioner and learned Government Pleader for Municipal
Administration for the respondent No.1 and Sri P. Anand Surya,
learned counsel, representing Sri Suresh Kumar Reddy Kalava,
learned Standing Counsel for the respondent No.2.
2. For the order proposed to be passed issuance of notice to
the unofficial respondent No.3 is dispensed with.
3. This writ petition under Article 226 of the Constitution of
India has been filed for the following relief:-
"It is therefore prayed that this Hon'ble Court may
be pleased to issue an order, or a direction, or a writ, more
particularly one in the nature of Writ of Mandamus
declaring the action of the Respondent No.2 in not
preventing the Unofficial Respondent No.3 from making
constructions in the house site of the Petitioner situated in
an extent of Ac. 0.15 Cents situated in Sy.No.18/1 of
Nagarajupalle village fields of Kadapa Mandal i.e., the
house site Property of the Petitioner bearing Door Nos.
21/417, 21/418, 21/419, 21/420 and 21/421 of Veera
Swamy Mandi Street of Kadapa Municipal Limits of
Kadapa City even though the Petitioner made his Legal
Notice/Representation dated 04.08.2023 as illegal,
arbitrary and non-exercise of his official powers, and to
consequently direct the 2nd Respondent to prevent the
Unofficial Respondent No.3 from making any constructions
in the said property, and to pass such other order or
orders as this Hon'ble Court may deem fit and proper in
the circumstances of the case."
4. Learned counsel for the petitioner submits that the
respondent No.2 has granted building permission to the
respondent No.3 with respect to the land which belongs to the
petitioner. He further submits that before grant of permission
no opportunity of hearing was granted to the petitioner though
the petitioner's land is being affected. He submits that the
petitioner has given a legal notice dated 04.08.2023, requesting
the respondent No.2 not to permit the respondent No.3 to raise
construction.
5. The Commissioner has the power under Section 450 of
the Municipal Corporation Act to cancel the permission on the
ground of material misrepresentation by the person obtaining
the building permission.
6. If the petitioner's case is that the respondent No.3 is not
the owner or has no right to get the building permission with
respect to the property involved in the writ petition and if his
case is that the petitioner is the owner, then the petitioner has
the remedy to approach the Commissioner of the Municipal
Corporation with appropriate application invoking the
provisions of Section 450 of the Municipal Corporation Act.
7. Sri P. Anand Surya submits that, if the petitioner so
approaches the respondent No.2, appropriate orders would be
passed, with due opportunity of hearing to the petitioner as also
the respondent No.3.
8. In view of the aforesaid, this Writ Petition is being
disposed of finally granting liberty to the petitioner to approach
the respondent No.2 by filing appropriate application for
cancellation of the building permission granted to the
respondent No.3 upon which the respondent No.2 shall, with
due opportunity of hearing to the respondent No.3 as also the
petitioner, pass appropriate orders in accordance with law,
within a period of four (04) weeks from the date such
application is filed along with copy of this order.
9. It is clarified that this Court has not expressed any view
with respect to the merits of the contents in the petition or the
submission advanced with respect to the ownership of the
petitioner or the respondent No.3.
No order as to costs.
As a sequel thereto, miscellaneous petitions, if any pending,
shall also stand closed.
__________________________
RAVI NATH TILHARI,J
Date: 21.09.2023
SCS
THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION No.24688 OF 2023
Date:21.09.2023
Scs.
