Balaji Nagar Plot Owners Welfare ... vs The State Of Telangana And 10 ...
2022 Latest Caselaw 2437 Tel

      THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

     WRIT PETITIONS No. 4957, 5091, 10345 AND 21557 OF 2022

COMMON ORDER:

WRIT PETITION No. 21557 OF 2022:

                This Writ Petition is filed questioning the action of

the respondents in not cancelling the building permission of the

unofficial respondents vide permission in 1) Proc. No.

63382/PEDA/0953/2021, dated 13.09.2021, 2) Proc. No.

63259/PEDA/0950/2021, dated 13.09.2021, 3) Proc. No.

51428/PEDA/0734/2021, dated 16.09.2021, 4) Proc. No.

63475/PEDA/0967/2021, dated 16.09.2021 and 5) Proc. No.

63428/PEDA/0955/2021, dated 13.09.2021 and not

implementing the orders passed by the Hon'ble High Court in

Writ Petition No. 25632 of 2021 and not stopping the illegal

construction of buildings in Plot Nos. 9, 42, 75 and 14 in Survey

No. 143, Kuntlur Village, Abdullapurmet Mandal,

Peddamberpet, Ranga Reddy District.

2. Smt. Kommineni Mani Deepika, learned counsel for

the petitioners submits that Noorjahan Katoon being the

absolute owner alienated the land admeasuring Acs.40.12

guntas in Survey Nos. 142, 143, 151 and 154 under registered

sale deed bearing document No. 391/1963, dated 25.10.1963 to

Smt. Gurram Jangamma, W/o Sathaiah, Smt. G. Narsamma,

W/o Swamy and Smt. Kolan Lachamma, W/o Yenkaiah and

they have partitioned the above-referred purchased land among

themselves and as per the said partition, the land admeasuring

Acs.5.13 guntas in Survey No. 143 has fallen to the share of

Smt. Gurram Jangamma and her name was recorded as

pattadar and possessor. It is stated that Smt. Gurram

Jangamma executed GPA vide document No. 123/1984 dated

04.06.1984 in favour of her husband Sri Gurram Sathi Reddy

authorising him to deal with the property in Survey No. 143 to

the extent of Acs.5.13 guntas and to alienate the same to the

prospective purchasers. It is stated that thereafter, Sri Sathi

Reddy obtained lay out from the Gram Panchayat, Kuntloor and

divided the land into 67 plots in 1984 and the petitioners have

purchased the said plots and are in physical possession and

enjoyment of the property. It is stated that the unofficial

respondents are not the owners and they are unconnected with

the alleged lands. It is also stated that the unofficial

respondents claim to have purchased the lands from one Butchi

Reddy who is alleged to be a protected tenant and succeeded

from his father Sathi Reddy basing on the proceedings, dated

31.05.1975. It is stated that the said proceedings do not pertain

to Kuntloor Village and it is a fabricated document and basing

on the said document, the unofficial respondents along with

other land grabbers tried to grab the petitioners' land and also

tried to make construction. It is stated that the petitioners

made an Application to the authorities concerned on 16.08.2021

not to grant any permission for construction in favour of the

unofficial respondents. They filed O.S. No. 695 of 2021 before

the I Additional Senior Civil Judge, Ranga Reddy District at L.B.

Nagar seeking to declare various registered sale deeds as null

and void and also sought for a perpetual injunction against the

unofficial respondents and others. Learned counsel submits

that the petitioners moved I.A. No. 482 of 2021 in O.S. No. 695

of 2021 and an order of status quo was initially granated on

22.07.2021, later it was extended till 24.03.2022. She submits

that the petitioners made a representation dated 30.10.2021 not

to grant any construction permission in favour of any third

parties particularly in favour of the unofficial respondents,

despite the same, in collusion with the official respondents,

without considering the representation of the petitioners,

permissions were granted to the unofficial respondents on

13.09.2021, 16.09.2021 respectively. Learned counsel submits

that some of the plot owners have formed into an Association

called as 'Balaji Nagar Plot Owners' Association' and they also

gave a complaint dated 16.08.2021. It is stated that the

Association filed Writ Petition No. 25632 of 2021 seeking a

direction to the municipality to consider the representation

dated 16.08.2021 and not to sanction any building permission

to the third parties. The said Writ Petition was disposed of on

09.11.2021 directing the municipality to take into consideration

the representation dated 16.08.2021 and to pass orders in

accordance with law. Learned counsel submits that after

disposal of the said Writ Petition, a notice was sent by the

municipality on 26.112021 to submit the supporting documents

in favour of the petitioners and the petitioners have submitted

all the documents including the status quo order and requested

not to grant any building permission. Another representation

was made on 30.12.2021. It is stated that then a notice was

issued on 06.01.2022 directing the unofficial respondents to

stop the construction immediately till disposal of the court

proceedings. It is stated that after receiving the notice, the

unofficial respondents filed Writ Petition No. 5091 of 2022 and

obtained interim orders on 01.02.2022. Learned counsel

submits that the unofficial respondents have not even made the

petitioners as respondents to the Writ Petition though they are

proper and necessary parties and also the petitioners herein are

the plaintiffs in the suit. She submits that this action of the

official respondents in granting permission to the unofficial

respondents is in clear violation of the status quo orders passed

by the Court below and also the orders passed by this Court in

Writ Petition No. 25632 of 2021. It is stated that because of this

high-handed action of the respondent authorities, the

petitioners are put to irreparable loss and if they continue the

construction, there is every likelihood that it may give rise to

third party rights. It is submitted that the unofficial

respondents who have come to this Court by suppressing the

facts and about the suit are not entitled for any relief from this

Court.

WRIT PETITIONS No. 4957 AND 5091 OF 2022:

3. Writ Petition No. 4957 of 2022 is filed to declare the

action of the 4th respondent in directing the petitioners to stop

the construction activity which is being carried out as per the

permission in their respective plot Nos. 17, 53, 39 and 40

(Northern Part) situated at Kuntloor Village, Adbullapurmet

Mandal, Ranga Reddy District without notice and without

following due process of law as illegal and arbitrary.

4. Writ Petition No. 5091 of 2022 is filed to declare the

impugned notice vide Lr.No. G1/5915/2021, dated 06.01.2022

issued by the 4th respondent to stop the construction activity of

the petitioners in their respective plots situated at Kuntloor

Village, Abdullapurmet Mandal, Ranga Reddy District as illegal

and arbitrary.

5. Sri Kowturu Pavan Kumar, learned counsel for the

petitioners in both the above Writ Petitions submits that the

petitioners have purchased the properties by way of registered

sale deeds. It is stated that Balaji Nagar Plot Owners' Welfare

Association is claiming to be the owner of the plots and had filed

O.S.No. 552 of 2013 on the file of the I Additional District

Judge, Ranga Reddy District against A. Ramachandra Kumar

and others claiming that they are owners and possessors of 67

plots in Survey No. 143 of Kuntloor Village and they purchased

the same from one Smt. Gurram Gangamma. It is stated that in

the said suit, the petitioners filed I.A. seeking injunction and it

was dismissed on merits on 24.04.2014 holding that the

petitioners in the said suit are not in possession of the schedule

property. It is also stated that Balaji Nagar Plot Owners' Welfare

Association has filed an Appeal before the Revenue Divisional

Officer, Ibrahimpatnam vide Appeal No. A2/6419/2013 against

A. Ramchandra Kumar challenging the order of the Tahsildar

dated 19.04.2006 in issuing pattadar pass book and title deed

and the said Appeal is dismissed on merits. It is stated that

later, the Association has filed O.S.No. 695 of 2021 on the file of

I Additional Senior Civil Judge, Ranga Reddy District at L.B.

Nagar seeking declaration that the sale deeds executed in favour

of Ramachandra Kumar and others are null and void. It is

stated that in the said suit, the Association filed I.A.No. 482 of

2021 seeking injunction retraining A. Ramchandra Kumar and

others from alienating the land to an extent of Acs.5.00 which

was described as schedule 'B' property and initially, they

granted an order of status quo. He submits that the property

does not exist in Survey No. 143 of Kuntloor Village. He

submits that ignoring the earlier judgments of civil Courts and

revenue Courts, the members of the Association are still

claiming title and possession to the plots which are owned and

possessed by the petitioners and other similarly-situated

persons who purchased their respective plots from A.

Ramchandra Kumar. He submits that issuing the impugned

notice directing the petitioners to stop the construction activity

is ex facie illegal and arbitrary as the petitioners have invested

huge amounts for construction and dumped valuable material

and unless and until there is an order by the competent Court,

the municipality has no jurisdiction to direct the petitioners to

stop the ongoing construction activity which is being

commenced as per the sanction permission granted by the 4th

respondent. It is stated that granting building permission is

within the purview of the Municipalities Act and even for giving

oral instructions, the 2nd respondent has no authority and that

is without sanction of law. Hence, the petitioners have come up

before this Court.

WRIT PETITION No. 10345 OF 2022

6. This Writ Petition is filed by Balaji Nagar Plot

Owners' Welfare Association. The relief sought for in this Writ

Petition is to 'declare the impugned notice dated 06.01.2022

issued by the 4th respondent holds good in view of the civil

disputes between the parties and particularly, Respondent 5 to

9 illegally obtaining interim orders in Writ Petition No. 5091 of

2022 ignoring the status quo orders passed in O.S.No. 695 of

2021 on the file of the I Additional Senior Civil Judge, Ranga

Reddy District at L.B Nagar by suppressing the Proceedings

B/341/1975 which belongs to Mamidipally Village but not

Kuntloor Village in Survey No. 143 to an extent of Acs.5.00 with

false and fabricated documents by Respondents 5 to 9 is illegal,

arbitrary and violative of Articles 14 and 21 of the Constitution

of India and against the principles of natural justice'.

7. Smt. K. Mani Deepika, learned counsel for the

petitioner submits that the petitioner Association is owner of the

property and the unofficial respondents have nothing to do with

the land. It is stated that the notice issued is absolutely in

consonance with the provisions of the Municipalities Act. It is

stated that the petitioner seeks a direction to Respondents 5 to

9 to stop the construction activity in Survey No. 143 of Kuntloor

Village and not to grant any building permission over the land.

8. All these Writ Petitions are connected with respect

to the same subject matter and between the same parties.

Hence, these Writ Petitions are being disposed of by way of a

common order.

9. The petitioners in Writ Petition No. 21557 of 2022

have obtained a status quo order in I.A.No. 482 of 2021 in

O.S.No. 695 of 2021. The suit is filed to declare the sale deed in

respect of Schedule 'B' property as null and void and not

binding against the plaintiffs and consequentially to declare the

registered deed of conveyance of the defendants in respect of

Schedule 'B' property as shown in Annexure-I of the plaint as

null and void and not binding against the plaintiff and further,

to grant perpetual injunction restraining the defendants, their

agents from interfering with the peaceful possession and

enjoyment of the plaintiff over 'A' schedule property. Along with

the suit, they filed I.A.No .482 of 2021 and the prayer sought in

the said IA is to grant ad interim injunction in favour of the

petitioners restraining the defendants from alienating the

schedule 'B' property and the Court has granted the order of

status quo restraining the defendants from alienating the

property which is extended till 24.3.2022. There is no piece of

paper filed before this Court to show whether the said interim

orders are extended by the Court below.

10. Be that as it may, the interim order granted is only

directing the respondents not to alienate the property. Both the

parties are claiming title to the property. In fact, the petitioners

in Writ Petition No. 21557 of 2022 have already filed several

representations before the authorities not to grant permission to

the unofficial respondents. It appears that by issuing the

impugned notice dated 06.01.2022 directing the unofficial

respondents in Writ Petition No. 21557 of 2022 who are the

petitioners in Writ Petition No. 5091 of 2022 to stop the

construction, no further action has been taken by the

respondent officials. This Court in Writ Petition No. 5091 of

2022 by order dated 01.02.2022 directed the respondent

authorities not to take any coercive steps against the petitioners

provided the petitioners are making construction strictly in

accordance with the building permission granted. It appears

that the interim order was not extended thereafter. When the

petitioners in Writ Petition No. 21557 of 2022 and also Balaji

Nagar Plot Owners' Welfare Association have filed several

representations to the official respondents, not to grant any

permission to them claiming title to the property, the

respondent Municipality is bound to consider the same but they

failed to consider the said representations and the unofficial

respondents by virtue of the interim orders passed by this Court

are continuing with the construction activity. The respondent

municipal authorities while granting permission, are bound to

consider the objection, if any received, they can prima facie look

into the title. In this case, the respondent authorities failed to

consider the representations which they are bound to do.

Hence, in the facts and circumstances of the case, this Court

deems it appropriate to direct the respondent authorities to

consider the representations filed by the petitioners in Writ

Petition No. 21557 and 10345 of 2022.

11. The Writ Petitions are therefore, disposed of. The

respondent authorities shall consider the representations

pending before the official respondents with regard to the

permissions granted in Plot Nos. 9, 42, 75, 14 in Survey No. 143

of Kuntloor Village, Abdullapurmet Mandal, Pedda Amberpet,

Ranga Reddy District after giving due opportunity to all the

concerned and pass appropriate orders within a period of four

weeks from the date of receipt of a copy of this order. Till such

time, the petitioners in Writ Petitions No. 4957 and 5091 of

2022 shall not carry out any construction activity. There shall

be no order as to costs.

12. The Miscellaneous Applications, if any shall stand

automatically closed.

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LALITHA KANNEGANTI, J 08th June 2022

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