V. Akileshwar Goud v. The Greater Hyderabad Municipal Corporation

HONOURABLE SRI JUSTI CE SANJAY KUMAR WRI T PETI TI ON No.4847 OF 2019 O R D E R:

The prayer of the petitioner in this case reads as under: "For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon'ble Court may be pleased to issue writ or direction more particularly one in the nature of writ of mandamus declaring the actions of the Respondent 1 and 4 not to grant any further building construction permissions and to cancel all building permissions in respect to the kinds in Survey Nos 137, 141, 150, 151, 152, 154 and 155 Total admeasuring Acres 46,37 Guntas situated at Yapral Village Alwal mandal Medchal District, also declaring the Respondent No 4 and 5 to continue the prohibited List and not doing any registrations until disposal of the lower court civil Suit Vide O.S.No.

1462 of 2013 before the Hon'ble II Additional District Judge R R District at L B Nagar In respect to the lands in Survey Nos.137, 141, 150 to 155 Total admeasuring Acres 46,37 Guntas situated at Yapral Village, Alwal Mandal, Medchal District, and pass such other relief or reliefs as this Honble Court deems fit and proper in the circumstances of the case." The learned Assistant Government Pleader for Revenue, State of Telangana, would point out that a temporary injunction was granted on 25.6.2015 by the learned I Additional District Judge, Ranga Reddy District at L.B. Nagar, in I.A.No.2166 of 2013 in O.S.No.1462 of 2013, restraining the defendant Nos.1 to 6 therein from alienating the suit schedule property, being an extent of Ac.8-07 guntas in Sy.Nos.137, 141, 150 to 155 of Yapral Village, Alwal Mandal, Medchal-Malkajgiri District.

He would submit that as the said temporary interim injunction was until further orders, the registration authorities are bound to honour and implement the same. Sri V. Kranthi Kumar, learned counsel for the petitioner, does not dispute the fact that the registration authorities are not entertaining any documents for registration in relation to the lands covered by the aforestated injunction order. His grievance is that the municipal authorities are granting building permission in relation to the lands in Sy.Nos.137, 141, 150, 151, 152, 154, and 155 of Yapral Village.

The aforestated writ prayer manifests that the petitioner seeks cancellation of all the building permissions already granted apart from an order restraining the Greater Hyderabad Municipal Corporation from granting

further building construction permissions. Sri V.Kranthi Kumar, learned counsel for the petitioner, does not dispute that there is no injunction order operating against the municipal authorities restraining them from granting building permissions.

Sri Chatla Madhu, learned counsel appearing for the Greater Hyderabad Municipal Corporation, would point out that none of the parties who have already been granted building permissions are impleaded as parties in this Writ Petition.

Perusal of the injunction order granted in O.S.No.1462 of 2013 reflects that the petitioner is not even the plaintiff therein. He is also not a party to A.S.No.1094 of 2016 pending before this Court, allegedly relating to the same lands. This Court therefore finds no grounds to interfere in this Writ Petition as the petitioner appears to be settling scores with some private parties who are not even before this Court. In any event, no direction can be given to the municipal authorities to cancel building permissions already granted behind the back of the persons who obtained the same. Be it viewed from any angle, the Writ Petition is devoid of merit and it is accordingly dismissed.

Pending Miscellaneous Petitions, if any, shall also stand dismissed. No order as to costs.

____________________ JUSTI CE SANJAY KUMAR March 8, 2019.

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