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2025 DIGILAW 282 (AP)

V. Jyothi v. State Of Andhra Pradesh

2025-02-14

V.SUJATHA

body2025
Order: V.SUJATHA, J. This Writ Petition No.2084 of 2015 is filed under Article 226 of the Constitution of India seeking the following relief: “..to issue a Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2 nd Respondent in not stopping illegal constructions raised by the private Respondents 3 and 4 on the property of the Petitioner bearing Municipal D.Nos.11-516, 11-517, 11-518, 11-519 and 11-520 situated in Ramulavari Gudi Veedhi Chittoor as arbitrary discriminatory and illegal and consequently direct the 2nd Respondent to remove the constructions illegally raised by the private Respondents 3&4 on the said property purportedly on oral permission granted by the 2nd Respondent and further direct the 2 nd Respondent not to grant building permission / plan approval to the private Respondents or to any other person in respect of the said property in the light of the order dt 11.09.2003 in EA No.482 of 2002 in OEP No.282 of 1999 on the file of I Addl Junior Civil Judge Chittoor and with all other consequential benefits and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case..” This Writ Petition No.3634 of 2015 is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue a Writ Order or direction more particularly one in the nature of Writ of Mandamus calling for the records from the file of the 2nd Respondent relating to the Permit No 159/2014/G2 dated 29.12.2014 sanctioned in respect of the Petitioners property bearing Nos.11-516 & 11-517 situated in Ramulavari Gudi Veedhi, Chittoor Town and after perusing the same set aside the said building permit by declaring the same as arbitrary illegal and contrary to the order dt 11.09.2003 in EA No.482 of 2002 in OEP No.282 of 1999 on the file of I Addl Junior Civil Judge Chittoor and further direct the 2 nd Respondent to remove the construction raised by the 3 rd Respondent on the said properties and with all other consequential benefits..” 2. Since both the writ petitions are interconnected, they were heard together and are being disposed of by this common order. 3. Since both the writ petitions are interconnected, they were heard together and are being disposed of by this common order. 3. The case of the petitioner is that the petitioner is the absolute owner of the property bearing Municipal Door Nos.11- 516, 11-517, 11-518, 11-519 and 11-520 situated in Ramulavari Gudi Veedhi Chittoor having bequeathed the property from their mother R.Yasodamma. Initially, the property was purchased from one Karimunnisa Begum under a registered sale deed dated 10.09.1956 for valid consideration and during her life time, her mother in sound and disposing state of mind, had voluntarily and out of her love and affection towards the petitioner had voluntarily executed an unregistered will dated 15.09.1987 with free will bequeathed the said property in her favor after the death of her mother. The petitioner has became absolute owner of the property and has been in possession and enjoyment of the same with absolute rights. The respondent No.8 and one R.Damu who are brothers of the petitioner are well aware of the said Will. While things thus stand, during the year 2002, when the property was brought to the sale by the creditor of the said 8 th respondent in a collusive E.P.No.282 of 1999 on the file of the I Additional Senior Civil Judge, Chittoor, wherein the attachment order issued. Pursuant to the said attachment order, the petitioner filed claim petition E.A.No.484 of 2022 for claiming his rights over the subject property and the same was decreed and has attained finality and the 8 th respondent and his brother did not challenge the same and the same is binding on them. While so taking advantage of his influence in the Government as well as in the police department demolished the existing building in the subject property with the help of rowdy elements and caused damage to the petitioner to a tune of Rs.15.00 lakhs and with the support of 8 th respondent, 3 rd and 4 th respondent started construction works in the said property. 3 rd and 4 th respondent are proclaiming that they have obtained permission from the 2 nd respondent for construction of permanent building in the said properties. The petitioner submitted an application on 01.12.2014 to the 2 nd respondent under the Right to Information Act, 2005 requesting to furnish a copy of the building plan said to have been granted to the respondent Nos.3 and 4. The petitioner submitted an application on 01.12.2014 to the 2 nd respondent under the Right to Information Act, 2005 requesting to furnish a copy of the building plan said to have been granted to the respondent Nos.3 and 4. The petitioner came to know that the respondent Nos.3 and 4 were not granted any building permission and they are constructing the buildings illegally without any prior permission. However, the 2 nd respondent, instead of taking action against the respondent Nos.3 and 4, indirectly supported them in the construction. Aggrieved by the action of the 2 nd respondent, for not taking any action against the illegal constructions of the respondent Nos.3 and 4, the present writ petition is filed. 04. Heard Ms. Jagapathi, learned counsel for the petitioner and Sri A.S.C.Bose, learned Standing Counsel for Municipal Corporation representing respondent No.2. 05. Today when the matter came up for hearing, the learned Standing counsel representing respondent No.2 has furnished the copy of the written instructions of Commissioner, Chittoor Municipal Corporation dated 15.04.2015, wherein it is stated that the petitioner submitted an application under RTI Act, requesting not to approve the building plans in respect of the schedule mentioned property plans applied by (1) Sri P.Kiran Kumar (2) M.K.Gopal (3) N.Bujji (4) S.B.Vender Vendon, for which this office in Roc.No.4534/2014/G1, dated 12.01.2015 have given a detail reply and that the above said persons have not submitted any applications for approval of building plans. The same was intimated to the petitioner. It is further stated that (1) Smt.Nagasharmila, W/o V.Ashok and (2) Smt.N.S.Suseela, W/o N.D.Subramanyam applied for approval of the plan duly following the procedure and the building plans of Smt.Nagasharmila (Respondent No.4) was approved vide B.A.No.159/2014/G2, dated 29.12.2014 and the building plan of Smt.Suseela (Respondent No.3) was approved vide B.A.No.158/2014/G2, dated 12.01.2015. Hence the respondent Nos.3 and 4 have started construction only after obtaining approval from the Municipal Corporation. During the course of inspection, the Corporation Officials found that there is a deviation in the construction of approved plan, for which on 03.03.2015 the Corporation Officials with the help of Police demolished the violated portion. Hence, the question of collusion with respondent No.3 and 4 does not arise. The respondent is not aware of the proceedings in O.E.P.No.282 of 1999. It has to be proved by the petitioner strictly. 06. Perused the material available on record. 07. Hence, the question of collusion with respondent No.3 and 4 does not arise. The respondent is not aware of the proceedings in O.E.P.No.282 of 1999. It has to be proved by the petitioner strictly. 06. Perused the material available on record. 07. As per instructions of the 2 nd respondent/Municipal Corporation that the respondent No.4 in W.P.No.2084 of 2015 and respondent No.3 in W.P.No.3634 of 2015 were started constructions of their respective buildings after duly obtaining permission from the respondent No.2/ Municipal Corporation vide Smt.Nagasharmila (Respondent No.4) bearing No.B.A.No.159/2014/G2, dated 29.12.2014 and Smt. N.S.Suseela (Respondent No.3) vide B.A.No.158/2014/G2, dated 12.01.2025 respectively and during the inspection as there are deviations in the constructions contrary to the approved building permission, the Municipal Corporation with the help of police demolished the violated portion. In view of the same, nothing survives herein for adjudication in the present writ petitions and hence this Court does not find any merits in these writ petitions. Hence, these writ petitions are liable to be dismissed. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any,shall also stand closed.