IMPORTANT POINT
A litigant must approach the court with clean hands; submission of fabricated documents leads to dismissal of the petition.

ORDER :

1. This petition under Article 226 of the Constitution of India, is filed seeking the following relief:

“........to issue a Writ order or direction more particularly one in the nature of Writ of Mandamus, declaring the impugned proceedings for the 2nd respondent in File No. MAU61-DPOGNT (OTH)/60/2021-GNDP dated 28.10.2021 directing the petitioner to remove the alleged unauthorized construction of the building in premises bearing Door No. 1-258/2 in D. No. 92/1 consisting of G+1 Floor, situated at Pedaparimi Village, Thulluru Mandal, Guntur district confirmed under the provisional order dated 02.09.2021 U/s. 89(3) of the APMR and UDA Act, 2016 is being illegal, arbitrary, unconstitutional and against to the orders passed by this Hon’ble Court in W.P. No. 15880 of 2021 and consequentially direct the 2nd respondent not to demolish the subject building premises and pass such other order or orders......”

2. The averments in the affidavit, in brief, are that property measuring about 300 square yards in Block No. 2 in survey No. 92/1 is ancestral property and had fallen to the share of petitioner’s husband, in family partition dated 17.12.2005. Petitioner’s husband sold the said property to the petitioner’s father under registered document, bearing No. 825 of 2012 dated 16.03.2012. Thereafter, petitioner’s father obtained building permission from respondent No. 3, for construction of ground and first floor. In fact, after obtaining building permission, petitioner’s father gifted the property to the petitioner by registered document No. 3423/2017 dated 29.07.2017. The construction was completed in 2016-17. Since the property was not assessed to tax, the petitioner filed W.P. No. 40170 of 2018 on the file of composite High Court against Gram Panchayat and said writ petition was disposed of on 09.11.2018 directing the respondents therein to determine the tax payable by the petitioner by properly assessing the tax and inform the amount to the petitioner, within three weeks from the date of receipt of copy of said order. Thereafter, the authorities assessed tax in respect of the subject property, vide assessment No. 2010 and petitioner has been paying the taxes regularly.

(b) While the matter stood thus, one Putti Seetharavamma, close relative of the petitioner filed W.P. No. 20735 of 2018 complaining illegal construction made in land admeasuring Ac.0-23 cents in D. No. 92/1 of Pedaparimi village, Thulluru Mandal, Guntur District, A.P. Subsequently, said Putti Seetharavamma filed another writ petition vide W.P. No. 15880 of 2021, with similar relief.

(c) Construction was completed six years back. However, show cause notice vide ROC No. 2 Illegal Constructions/JA dated 24.04.2021 was issued to the petitioner, asking her to submit requisite documents in respect of the constructions. Since petitioner failed to submit the same, another show cause notice vide ROC No. 4 Illegal Constructions/JA, dated 02.08.2021 was issued, for which petitioner submitted explanation on 10.08.2021. A provisional order dated 27.08.2021 was issued by Zonal Joint Director, under Section 89 (1) and (2) of Andhra Pradesh Metropolitan Region and Urban Development Authorities Act, 2016 (for short ‘APMR & UD Act’), to which petitioner submitted explanation on 31.08.2021. Another provisional order dated 02.09.2021 was issued on behalf of respondent No. 2 for which explanation was submitted on 06.09.2021. Later confirmation order, dated 28.10.2021, impugned in this writ petition was issued. Assailing the same, the above writ petition is filed.

3. Counter affidavit was filed on behalf of respondent No. 2. It was contended, inter alia, that the building permission and other relevant documents filed by the petitioner are fake and fabricated documents. The name and other information on those papers were altered. The petitioner has not produced any documents in response to notice issued by respondent No. 3. To the provisional notice dated 02.09.2021, petitioner submitted exp