Smt. M. Bhoodamma, And Another v. The State Of Telangana, And 4 Others

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 19009 of 2019 O R D E R:

In this writ petition, petitioners challenge the proceedings dated 12.03.2019 issued by respondent No.3-District Panchayat Officer, Karimnagar directing the parties therein to approach the civil Court for determination of their ownership rights. The sum and substance of the impugned proceedings is that considering the fact that there are disputes between the petitioners and respondent No.5 with respect to land admeasuring 820 square yards in Survey No.224/EE situated at Theegalaguttapally Village, Arepally Revenue Village, Karimnagar Mandal and District, respondent No.3 rejected the Application of the petitioners for building permission, by giving liberty to both the parties to approach the civil Court and seek declaration with respect to their rights. Inasmuch as there is title dispute between the petitioners and respondent No.5 with respect to the subject property, this Court is of the opinion that respondent No.3 rightly issued the impugned proceedings refusing to grant building permission in favour of the petitioners.

The only apprehension which is being expressed by the learned counsel for the petitioners is that respondent No.5 may approach respondent No.3 for grant of building permission.

A careful perusal of the impugned proceedings discloses that there is a direction to the respective parties to approach the civil Court and get their dispute resolved, which makes it clear that respondent No.3 has no intention to consider the Application that may be submitted by respondent No.5 or anyone claiming through him. In the circumstances, this Court does not find any requirement of adjudicating the issue.

Hence, the writ petition is closed.

Miscellaneous petitions, if any, pending shall also stand closed. There shall be no order as to costs.

_________________________ CHALLA KODANDA RAM, J Dt:03.09.2019 kdl