M/S Sipil Infra Private Limited vs The Greater Hyderabad Municipal ...
2022 Latest Caselaw 7080 Tel

     THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

               WRIT PETITION No. 46270 OF 2022

O R D E R:

This Writ Petition is filed seeking the following relief:

" .... to issue a writ of mandamus or any other appropriate writ or writs, order or direction, declaring and setting aside the Rejection Letter issued by the 2nd respondent dated 09.12.2022 in Lr.No. 012006/GHMC/5887/SLP2/2022-BP, as illegal, arbitrary, without jurisdiction and contrary to the order dated 26.10.2022 passed by this Hon'ble Court in W.P. No. 24451 of 2022 and to consequently direct the respondents to forthwith reconsider the application made by the petitioner for grant of building permission on 16.11.2022 vide File No. 012006/GHMC/5887/SLP/2022-BP and grant building permission to the petitioner for construction of stilt + 5 upper floors in Plot Nos. 21, 22 (Part), 27 (Part) and 28 of Sy. Nos. 41/9 & 41/9 situated at Khanamet Village, Serilingampally Mandal, Ranga Reddy District; award costs and pass such other or further orders as are deemed fit and proper in the circumstances of the case."

2. Sri N. Sreedhar Reddy, learned counsel for the

petitioner submits that petitioner filed Writ Petition No. 24451

of 2022 to consider the Application of the petitioner dated

04.05.2021 for grant of building permission based on the prima

facie title. This Court by order dated 26.10.2022, considering

the judgment in Hyderabad Potteries Private Limited v. Collector,

Hyderabad District (2001(3) ALD 600) and also the order passed

by the Division Bench in Writ Appeal No. 403 of 2022 dated

05.07.2022, directed the respondents to consider the case of the

petitioner without taking into consideration the letter of the

District Collector dated 06.11.2018. Learned counsel submits

that thereafter, the respondents have rejected the building

permission of the petitioner on 09.12.2022 whereby again they

have mentioned that as per the remarks of the Title Officer,

GHMC, the proposed site is recorded as government land, the

proposal is rejected. He submits that this rejection letter issued

by the respondents is contrary to the orders passed by this

Court in Writ Petition No. 24451 of 2022 and amounts to

disobedience of the orders of this Court.

3. Learned Standing Counsel for the respondent

Corporation Sri M.A.K. Mukheed submits that there is an

interim order passed by a Division Bench of this Court in Writ

Appeal No. 316 of 2022 on 28.04.2022 whereby the Division

Bench has stayed the order passed by the learned Single Judge

directing the respondents to reconsider the Application of the

petitioners therein for grant of building permission. He submits

that as the said order passed by the Division Bench was not

brought to the notice of this Court and as it is a government

land, they have rejected the building permission. Learned

Standing Counsel submits that in several cases, though the

petitioners are not in possession of the property, they have

obtained permission and thereafter they have encroached the

properties and making construction. He submits that at the

time of passing final orders, the interim order passed by the

Division Bench was not brought to the notice of this Court. He

submits that he will get instructions in this regard. On a query

from the Court whether this action will amount to violating the

orders of this Court or not, learned Standing Counsel repeatedly

requested the Court for time and submits that a last

opportunity may be given so that he will be able to get

instructions from his client. This Court is not able to accept the

said request made by the learned Standing Counsel as in this

case no instructions are required as all the facts are before this

Court.

4. When this Court has passed the order directing the

respondents to consider the Application without taking into

consideration the letter of the Collector, whatever the reasons

are, if a particular order is not brought to the notice of this

Court and if they are not satisfied with the order of this Court,

either they should have filed a review before this Court or a writ

appeal. The respondents failed to resort to any of these remedies

and conveniently passed the proceedings in clear violation of the

orders passed by this Court. On the face of it, it amounts to

contempt.

5. Hence, this Court is inclined to initiate suo motu

contempt proceedings against the Zonal Commissioner,

Serilingampally Zone. The matter came up in the motion list in

the morning and it is passed over. Though no notice is issued

by this Court directing the respondent Corporation to file a

counter, in the afternoon, a counter-affidavit is filed wherein the

respondent Corporation has referred to the order dated

02.12.2019 in Writ Petition No. 45021 of 2018 and the order

dated 28.04.2022 in Writ Appeal No. 316 of 2022. All the

averments in the counter or all the documents that are filed

cannot be considered for the reason that the order passed by

this Court is staring at the respondents which is unchallenged.

Hence, the Registrar (Judicial) shall issue notice to the parties

in the contempt proceedings.

6. In view of the same, the order impugned is set aside

and the respondents shall consider the building permission of

the petitioner in accordance with law notwithstanding the fact

that as per their enquiry it is the government land, provided the

petitioner has documents to show the prima facie title and legal

possession over the property.

7. The Writ Petition is accordingly, allowed. No order

as to costs.

8. Consequently, the miscellaneous Applications shall

stand closed.

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LALITHA KANNEGANTI, J 28th December 2022

Issue CC by tomorrow.

ksld