D. Andrews v. The State Of Telangana

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No. 26522 OF 2019 O R D E R :

This writ petition is filed challenging the action of respondent No.2 in not cancelling the permission granted to 5th and 6th respondents in respect of house bearing No.1-20-4/A (old) and 1-202-1/A in Sy.No.273 to an extent of 130 Square Yards (out of 340 square yards), situated at Venkatapuram, Alwal, Medchal-Malkajgiri District (erstwhile Ranga Reddy District).

Heard learned counsel for the petitioner.

Sri Chatla Madhu, learned Standing Counsel for respondents 2 and 3 submits that 6th respondent was granted building permission and he is making construction basing on the same; and that if any deviations are there the respondent authorities will take necessary action.

Learned Counsel for the petitioner submits that civil litigation is pending between petitioner and 6th respondent, as such, 6th respondent cannot be permitted to construct the building. Prayer in the writ petition is to cancel the building permission granted to respondents 5 and 6. But, the petitioner has not filed any copy of building permission granted to respondents 5 and 6. When the permission is granted, it cannot be said that the construction made by 6th respondent is illegal construction. More so, petitioner has not made

any application for cancellation of building permission. Further, mere grant of permission does not confer any title over the property and the same is subject to orders passed in the civil suit. In view of the same, no relief can be granted in the writ petition. Accordingly, the writ petition is disposed of granting liberty to the petitioner to work out his remedies in the civil suit which is pending. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any pending in the writ petition, shall stand closed.

___________________________ A.RAJASHEKER REDDY, J 09.12.2019 t k.

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No. 26522 of 2019 09.12.2019 tk