Eeranna Veeraiah v. The State Of Telangana

HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.1781 of 2017 ORDER:

The grievance of the petitioners is that unofficial respondent Nos.4 to have fraudulently and by misrepresentation approached the respondent authorities and obtained building permission vide Permit No.49321/ZC/WZ/Cir-12/2016, dated 11.04.2016, without any valid right and title over an extent of 388.74 sq. meters in Sy.Nos.27 (part) and 28 of Guttala Begumpet Village, Serilingampally Mandal, Ranga Reddy District. 2.

It is the specific contention of the learned counsel for petitioners that unofficial respondent Nos.4 to 6 do not have any valid right and title over the subject premises and by misrepresentation and playing fraud on the respondent authorities, they have obtained building permission over the subject premises. Learned counsel would further submit that the petitioners had succeeded their rights against some third parties in respect of the subject premises in civil proceedings before this Court and granting of building permission without any valid right and title in favour of unofficial respondent Nos.4 to 6 is arbitrary and illegal. However, the learned counsel fairly submits that the petitioners have not approached the respondent authorities raising objection for

CKR,J W.P.No.1781 of 2017 grant of building permission in respect of the subject premises.

3.

On the other hand, Sri Sampath Prabhakar Reddy, learned Standing Counsel for the respondent Nos.2 and 3, would submit that if the petitioners approach the respondent authorities with a representation, the same will be considered in accordance with law.

4.

In view of the submissions made by the learned counsel for the respective parties, this writ petition is disposed of giving liberty to the petitioners to make a representation/objections raising the aforesaid contentions, including that of respondent Nos.4 to 6 not having any valid right and title over the subject premises for which building permission has been granted, and on such representation/objections being received, the 2nd respondent shall consider the same and pass appropriate orders in accordance with law, within a period of twelve (12) weeks thereafter.

The petitioners are also entitled to seek appropriate civil remedies against respondent Nos.4 to 6 in accordance with law. No order as to costs.

5.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

__________________________________ JUSTICE CHALLA KODANDA RAM 20.01.2017.

Msr

CKR,J W.P.No.1781 of 2017 HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.1781 of 2017 20.01.2017 Msr