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2025 DIGILAW 1918 (TS)

Ellandula Praneeth Kumar v. State of Telangana, Represented by its Principal Secretary, Municipal Administration and Urban Development Department

2025-12-29

LAXMI NARAYANA ALISHETTY

body2025
ORDER : This writ petition is filed seeking following prayer: “…to declare the impugned proceedings No.G1/4/CC/2014, dated 26.02.2015 issued by the respondent No.2 for revocation of building permission granted in favour of the petitioner vide proceedings No.44/2013-14, dated 07.12.2014 without any competent orders for title pending civil suit i.e. I.A.No.18 of 2015 in O.S. No.5 of 2015 on the file of Junior Civil Judge, Huzurabad, Karimnagar District, having injunction order in favour of the petitioner’s property to an extent of 241.11 sq. yards or 201.56 sq. meters, in Sy. No.2367/B, situated at Huzurabad village and Mandal, Karimnagar District is illegal, arbitrary, against to the principles of natural justice and set aside the same and to pass...” 2. Heard Sri K.Buchi Babu, learned counsel for the petitioner, Sri Putta Krishna Reddy, learned Standing Counsel for respondent Nos.2 and Sri R.K.Suri, learned counsel for respondent No.3 and 4. 3. Learned counsel for the petitioner would submit that petitioner is the absolute owner and possessor of the open plot admeasuring 241.11 Sq. Yards in Survey No.2367/B, situated at Huzurabad Village and Mandal, Karimnagar District (herein after ‘subject property’) and the same was acquired by way of Gift Settlement Deed vide Document No.2387/2013 dated 13.06.2013 from his mother. Subsequently, petitioner approached respondent No.2 seeking permission for construction and permission was accorded vide Proceedings No.B.A.No.44/2013-14 dated 07.12.2014. However, respondent No.3 is interfering with the construction, as such the petitioner has filed O.S. No.05 of 2015 on the file of Junior Civil Judge, Huzurabad and also filed an application vide I.A. No.18 of 2015 for injunction and the same was granted by the trial Court vide order dated 23.01.2015. 4. Learned counsel for the petitioner would further submit that respondent Nos.3 and 4 are claiming to be owners of land to an extent of 266 Sq. Yards in Survey No.2353/A&B under Gift Settlement Deed and made an application for construction and the same was sanctioned by respondent No.2 vide Proceedings No.96/2014-15 dated 23.12.2014: that petitioner submitted his objection on 12.01.2015 and thereafter respondent No.2 issued show cause notice vide No.G1/4/CC/2014 dated 20.01.2015 to petitioner as well as respondent Nos.3 and 4. The petitioner submitted his explanation to the said show cause notice on 27.01.2015. The petitioner submitted his explanation to the said show cause notice on 27.01.2015. However, without considering the same respondent No.2 passed impugned order vide Proceedings No.G1/4/CC/2014 dated 26.02.2015, revoking permissions granted to petitioner as well as respondent Nos.3 and 4 and further directed them to approach appropriate forum to settle ownership title over the subject property. 5. Learned counsel for the petitioner would submit that respondent No.4 filed O.S. No. 01 of 2014 against the petitioner and others on the file of Senior Civil Judge, Huzurabad, and the petitioner herein filed an application vide I.A. No. 159 of 2019 in O.S. No. 01 of 2014 against the respondents, and the same was allowed on 22.07.2019 and temporary injunction was granted restraining the respondent Nos.1 to 4 and others from alienating the suit schedule property, in any manner, till the disposal of the suit and further the Commissioner, Nagara Panchayat, Huzurabad was directed to maintain status-quo till disposal of the case and not to change the records in any manner and not to issue any construction permission or any order in respect of suit land till disposal of the suit. He would further submit that while respondent Nos. 3 and 4 have allegedly created false documents, i.e., Gift Deeds, the petitioner acquired the subject property under registered Gift Deeds and was granted an injunction in his favour vide O.S. No. 5 of 2015 on the file of Junior Civil Judge, Huzurabad. However, respondent No.2 without considering the factual aspects has revoked the permission adversely. Therefore, the impugned order dated 26.02.2015 to petitioner property and respondent Nos.3 to 4 property are different and unsustainable and the same was liable to be set aside. 6. Per Contra, learned counsel for respondent Nos.3 and 4 would submit that respondent No.4 purchased land admeasuring 0.22 guntas under three different sale deeds i.e., Sale Deed No.3579/2005 dated 22.10.2005 to an extent of Ac.0.08 guntas (968 Sq. Yards) in Survey No.1253/A&B, Sale Deed No.3452/2005 dated 23.01.2005 to an extent of Ac.0.07 guntas (847 Sq. Yards) in Survey No.2353/A&B and Sale Deed No.2226/2005 dated 17.06.2005 to an extent of Ac.0.07 guntas (847 Sq. Yards) in Survey No.2353/A&B and respondent No.4 has been in possession and enjoyment of the same from the date of purchase and mutation proceedings were also issued vide Proceeding No.B/4678/2005 dated 01.10.2005 by Tahsildar, Huzurabad Mandal in respect of land admeasuring 1694 Sq. Yards) in Survey No.2353/A&B and respondent No.4 has been in possession and enjoyment of the same from the date of purchase and mutation proceedings were also issued vide Proceeding No.B/4678/2005 dated 01.10.2005 by Tahsildar, Huzurabad Mandal in respect of land admeasuring 1694 Sq. Yards in Survey No.2353/A&B and another Proceeding No.B/4678/2005 dated 24.02.2006 in respect of land admeasuring 484 Sq. Yards in Survey No.2353/A and land admeasuring 484 Sq. Yards in Survey No.2353/B. He further submitted that respondent Nos.3 and 4 have obtained permission for construction of compound wall vide Proceeding No.A3/294/2005 dated 02.03.2006 issued by Nagar Panchayat, Huzurabad and the same was renewed from 2006 to 2010 and respondent No.4 has sold an extent of 190 Sq. Yards in the year 2007 and 570 Sq. Yards in the year 2009, retaining extent of 1268 Sq. He further submitted that respondent No.4 has executed gift deed No.315/2015 dated 16.01.2015 to an extent of 266.66 Sq. Yards in his son’s favour and another gift deed No.3891/2014 dated 11.10.2014 to an extent of 266.66 Sq. Yards in favour of respondent No.3. Respondent No.4 has obtained permission for construction of building vide Roc. No.343/ML/2016 dated 12.05.2016 in favour of his son to an extent of 266.66 Sq. Yards and another building permission vide Proceedings No.96/2014 dated 23.12.2014 in favour of respondent No.3 to an extent of 266.66 Sq. Yards. 7. Learned counsel for respondent Nos.3 and 4 would further submit that aggrieved by the impugned order dated 26.02.2015, respondent No.4 filed W.P. No.9957 of 2015 and this Court vide order dated 11.04.2016, set aside the proceedings revoking the permission to the respondent No.3. He further submits that petitioner herein has filed W.P. No.37780 of 2015 and the same was dismissed by this Court vide order dated 20.11.2015. He further submits that respondent No.4 filed FIR No.152 of 2016 dated 06.05.2016 against the petitioner and petitioner filed FIR No.123 of 2016 on the file of SHO, Huzurabad Police Station against Respondent No.4 and the same are pending investigation. In view of the pendency of criminal case as well as suits in O.S. No.5 of 2015 filed by the petitioner and O.S. No.01 of 2014, the present writ petition is misconceived and the same is liable to be dismissed. 8. In view of the pendency of criminal case as well as suits in O.S. No.5 of 2015 filed by the petitioner and O.S. No.01 of 2014, the present writ petition is misconceived and the same is liable to be dismissed. 8. Learned Standing Counsel for respondent No.2 would submit that petitioner applied for permission for construction basing on gift deed No.2387 of 2013 dated 13.06.2013 and respondent No.4 filed objection on 07.01.2014 stating that land covered within the boundaries in the alleged gift deed of the petitioner is not situated in Survey No.2367/B, but it is falling in Survey No.2353/A&B which belongs to respondent Nos.3 and 4. In view of the objection raised by respondent No.2 addressed a letter vide letter No.TP/04/2014 dated 03.04.2014 to the Tahsildar, Huzurabad Mandal to verify the location of the land belonging to petitioner and Tahsildar vide his letter No.B/189/2014 dated 30.06.2014 submitted a report along with sketch map stating that the land shown in gift deed of writ petitioner is not in Survey No.2367/B, but it is in Survey No.2353/A&B which belongs to respondent Nos.3 and 4. He would further submit that there was change in officer and the new officer without verifying earlier rejection proceedings has granted permission for construction dated 07.12.2014. The respondent No.2 issued show cause notice dated 20.01.2015 to the writ petitioner asking to produce documentary evidence and petitioner gave reply dated 27.01.2015, and after verifying the documents placed before respondent No.2 the permission granted to the petitioner on 07.12.2014 was cancelled vide Proceedings No.G1/4/CC/2014 dated 26.02.2015 and therefore, prayed to dismiss the present writ petition. Consideration: 9. On perusal of material placed on record, it is evident that petitioner is claiming land in Survey No.2367/B, which is registered under gift deed and whereas respondent No.3 is claiming land in Survey No.2353/A&B, under gift deed. Consideration: 9. On perusal of material placed on record, it is evident that petitioner is claiming land in Survey No.2367/B, which is registered under gift deed and whereas respondent No.3 is claiming land in Survey No.2353/A&B, under gift deed. Pursuant to permission granted by respondent No.2, the petitioner is trying to raise structures in land belonging to respondent No.3, and the contention of respondent No.3 is supported by report submitted by Tahsildar, Huzurabad Mandal vide letter No.B/189/2014 dated 30.06.2014, wherein it is specifically observed that land showing in gift deed of petitioner is in Sy No. 2367/A&B, but it not in Survey No.2353/A&B and therefore, Respondent No.2 cancelled the permission for construction granted on 07.12.2014 in favour of petitioner vide Proceedings No.G1/4/CC/2014 dated 26.02.2015 as well as permission dated 23.12.2014 granted in favour of respondent No.3. 10. Aggrieved by the proceedings dated 26.02.2015 respondent No.3 filed W.P. No.9957 of 2015 and the same was allowed and proceedings dated 26.02.2015 revoking the permission of respondent No.3 was set aside by this Court vide Order dated 11.04.2016. The respondent Nos.3 and 4 filed O.S. No.01 of 2014 on the file of learned Senior Civil Judge for declaration of title as well as perpetual injunction, along with an application vide I.A. No.159 of 2019 for interim injunction and the said application was allowed by the trial Court vide Order dated 22.07.2019 and temporary injunction was granted restraining the respondent Nos.1 to 4 and others from alienating the suit schedule property, in any manner, till the disposal of the suit and further the Commissioner, Nagara Panchayat, Huzurabad was directed to maintain status-quo till disposal of the case and not to change the records in any manner and not to issue any construction permission or any order in respect of suit land till disposal of the suit. Conclusion: 11. In view of the Order passed in I.A. No.159 of 2019 dated 22.07.2019, no further orders required to be passed and this writ petition is closed, granting liberty to the petitioner to approach municipal authorities after disposal of pending suit in O.S. No.01 of 2014. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed.