Telangana High Court
Bandi Kumaraswamy vs The State Of Telangana on 6 February, 2023
Bench: Ujjal Bhuyan, N.Tukaramji
THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE N.TUKARAMJI
W.A.No.874 of 2022
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. U.Shanthibhushan Rao, learned counsel for the
appellant; Ms. B.Lakshmi Kanakavalli, learned Assistant
Government Pleader for Municipal Administration and Urban
Development representing respondent No.1; Mr. S.Surender
Reddy, learned Standing Counsel for Greater Warangal Municipal
Corporation (GWMC) representing respondents No.2 and 3;
Mr. P.Chandrasekhar Reddy, learned Standing Counsel for
Kakatiya Urban Development Authority (KUDA) representing
respondent No.4; and Mr. G.L.Narasimha Rao, learned counsel for
respondents No.5 to 11.
2. This intra-court appeal is directed against the order
dated 16.09.2022 passed by the learned Single Judge dismissing
W.P.No.35746 of 2022 filed by the appellant as the writ petitioner.
3. Appellant had filed the related writ petition seeking a
direction to respondents No.2 and 3 for revoking the building
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permission granted to respondents No.5 to 11 in respect of the
subject land on 04.08.2022.
4. Appellant had contended before the learned Single Judge that
there are civil disputes between the appellant and respondents No.5
to 11 with regard to the subject land; if respondents No.5 to 11 are
permitted to proceed with the building construction, it would cause
prejudice to the claim of the appellant in the civil suit i.e.,
O.S.No.981 of 2022 instituted by him and pending on the file of II
Additional Junior Civil Judge, Warangal. Appellant further
contended that the subject land has intruded into his bigger plot of
land and being aggrieved by such intrusion, he had submitted
representations before respondents No.2 and 3 on 16.07.2022 and
19.07.2022 seeking revocation of building permission already
granted in favour of respondents No.5 to 11 in respect of the
subject land.
5. Learned Government Pleader had pointed out before the
learned Single Judge that respondents No.2 and 3 were only
required to have prima facie satisfaction as regards title and
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possession of the appellant in respect of the subject land in which
permission for construction is sought; upon verification of the
documents submitted by respondents No.5 to 11, respondents
No.2 and 3 were prima facie satisfied about their title and possession
over the subject land and accordingly granted building permission;
the same cannot be revoked now by the said respondents.
6. Learned Single Judge after hearing learned counsel for the
parties, dismissed the writ petition vide the order dated 16.09.2022,
relevant portion of which reads as under:
This Court has time and again held that
GHMC/Municipal Authorities are only required to
verify as to the existence of prima facie title while
granting permission and cannot adjudicate on the title
dispute between the parties.
Admittedly, the sale deeds show the title of
unofficial respondents to the subject property, for
which the respondent-authorities have granted
building permission. If that be so, mere pendency of
a suit between the parties cannot be taken note of by
the respondent-authorities either to deny grant of
permission or revoke the permission granted.
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Further, mere grant of permission building
permission would not confer any title and grant of
such building permission would be subject to the
orders passed by the competent Civil Court and the
construction, if any, made by the unofficial
respondents on the suit schedule property would be
governed by doctrine of lis pendens.
In view of the same, the Writ Petition is devoid
of merits and it is accordingly dismissed with costs of
Rs.1,000/- (Rupees One Thousand only). The costs
shall be paid to the High Court State Legal Services
Committee within two (02) weeks from the date of
receipt of a copy of the order.
7. Learned counsel for the appellant has drawn the attention of
the Court to clause (b) of the letter of approval for commencement
of work dated 04.08.2022 issued by respondent No.2 and submits
that the extent of plot in respect of which building permission is
sought should not be part of a bigger plot split for the purpose of
obtaining permission for building construction. He submits that if
respondents No.5 to 11 are permitted to proceed with the
construction in terms of the letter of approval dated 04.08.2022,
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the same would cause serious prejudice to the rights of the
appellant in O.S.No.981 of 2022 where he is the plaintiff.
8. We are afraid we cannot subscribe to such contention of
learned counsel for the appellant.
9. Respondents No.2 and 3, on verification of the documents
submitted by respondents No.5 to 11, had granted building
permission for construction of ground floor plus one upper floor in
plot No.NIL, locality: URSU, Survey No.308B (old 308), Urus
Village, Kashibugga, GWMC (M), GWMC, Warangal (Urban)
District (already referred to as the subject land). It is not the case
of the appellant that respondents No.5 to 11 have violated the
conditions of building permission or had obtained the same by mis-
representation.
10. On a query by the Court as to whether any injunction has
been granted by the civil court in O.S.No.981 of 2022, learned
counsel for the appellant submits that till date no injunction order
has been passed.
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11. That being the position, we do not find any error or infirmity
in the view taken by the learned Single Judge. As a matter of fact,
learned Single Judge has safeguarded the interest of the appellant by
holding that mere grant of building permission would not confer
any title and grant of such building permission would be subject to
such orders that may be passed by the competent civil court and
would also be covered by the doctrine of lis pendens. That being the
position, no case for interference is made out.
12. Writ Appeal is accordingly dismissed. No costs.
As a sequel, miscellaneous petitions, pending if any, stand
closed.
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UJJAL BHUYAN, CJ
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N.TUKARAMJI, J
Date: 06.02.2023
LUR
