Kerla Nageshwar Rao vs The State Of Telangana
2023 Latest Caselaw 1220 Tel

            HON'BLE SRI JUSTICE C.V.BHASKAR REDDY

                      WRIT PETITION No.9 of 2023

ORDER:

This Writ Petition has been filed seeking issuance of a Writ

of Mandamus declaring the action of respondent No.2 in issuing

building permission vide Letter No.194322/GWMC/4644/2022,

dated 10.08.2022 for construction of Residential Building

consisting of Ground Floor on Plot bearing No.15-1-469/30

admeasuring 275.08 square yards in Sy.No.698 situated at

Duttapuran, Hanamkonda Revenue Village, Mandal and District

in favour of respondent No.7 without verifying/inspecting the

property, as illegal, arbitrary, un-constitutional and violation of

principles of natural justice and prayed for appropriate reliefs.

2. This Court, vide interim order, dated 27.01.2023, directed

respondent No.7 not to proceed with any construction in

Sy.No.701, pending disposal of the Writ Petition.

3. During the pendency of the Writ Petition, respondent No.7,

who is contesting respondent, has filed counter affidavit stating

that the Greater Warangal Municipal Corporation, Warangal

Urban, has granted building permission in terms of TSB Pass on

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26.07.2022 vide Letter No.194322/GWMC/4644/2022, dated

10.08.2022. The Building Permission was accorded as 'Instant

Aprpoval". Thereafter, respondent No.7 has commenced the

construction strictly inconformity with the building permission. It is

the further case of respondent No.7 that there is a dispute

between the vendor of the petitioner and respondent No.2 and

with a malafide intention the petitioner has made a complaint to

respondent No.2 stating that respondent No.7 is not proceeding

with the construction strictly in conformity with the sanction

proceedings and that there are certain deviations. It is further

stated that the petitioner has obtained the interim order by

misrepresenting the Court and infact, the petitioner filed a suit for

grant of permanent injunction vide O.S.No.2247 of 2022 against

respondent No.7 and pending finalisation of the suit proceeding,

respondent No.7 has proceeded with the construction. It is also

stated in the counter that the petitioner has filed the present writ

petition with all fabricated documents and therefore, prayed to

dismiss the writ petition.

4. When the matter has been taken up for hearing, learned

counsel for respondent No.7 has produced the proceedings

issued by respondent No.2 in File No.GWMC/TP/Cir-II/E-

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253141/2022, dated 18.02.2023 inter alia stating that both the

parties to the writ petition i.e., petitioner and respondent No.7

are claiming the one and only property with different survey

numbers and there is a judgment and decree in O.S.No.1186 of

2009 on the file of the II Additional Junior Civil Judge, Warangal.

In the judgment made in O.S.No.1186 of 2009, the civil Court has

made an observation that a survey was conducted through an

Advocate Commissioner in support with the Assistant Director,

Survey and Land Records and it is found in the Survey Report that

the subject land falls in Survey No.701 and basing on such

observation, the civil Court has decreed the suit in O.S.No.1186 of

2009 on 16.12.2019 against respondent No.7. Since respondent

No.7 has lost her case and had obtained the building permission

fraudulently by suppressing the suit proceedings and by

misrepresenting the fact, respondent No.2 has cancelled/

revoked the building permission granted to respondent No.7.

5. Having regard to the facts and circumstances of the case

and since the building permission has already been revoked by

respondent No.2, the cause in the writ petition no longer survives

and the writ petition has become infructuous. However, liberty is

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given to respondent No.7 to question the proceedings, dated

18.02.2023, issued by respondent No.2.

6. With the above observation, the Writ Petition is disposed of.

There shall be no order as to costs.

As a sequel, the miscellaneous petitions pending, if any,

shall stand closed.

____________________________ JUSTICE C.V.BHASKAR REDDY 14.03.2023 gkv

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HON'BLE SRI JUSTICE C.V.BHASKAR REDDY

WRIT PETITION No.9 of 2023

Date: 14.03.2023

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