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2021 Supreme(Telangana) 308

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. Lakshman, J.
K. Gopi - Petitioner
Vs.
The State of Telangana - Respondent
Writ Petition Nos: 8612, 12858 And 13740 of 2021
Decided On : 22-12-2021

Advocates:
Advocate Appeared:
For the Appellant : Dr. K. Lakshmi Narasimha, B Jithender
For the Respondent: GP For Mcpl Admn Urban Dev TG, Sri Chatla Madhu, SC FOR GHMC

Headnote:

Land - Sale deed - Permission for construction of building - Petitioner - M/s. G.R. Thanga Maligai Private Limited & GRT Hotels & Resorts Private Limited, to declare the action of respondent No.2 - GHMC in issuing notice vide Lr.No. dated as illegal - Petitioners in W.P. No. are respondent Nos.5 and 6 in W.P. Nos. and they will be hereinafter referred to as ‘unofficial respondents’, while petitioner in W.P. No. Private Limited & GRT Hotels & Resorts Private Limited will be referred to as ‘the Company’ and official respondents in all writ petitions being Greater Hyderabad Municipal Corporation will be referred to as ‘GHMC’ - Therefore, for sake of convenience, parties arrayed in W.P. No.12858 of 2021 will be hereinafter referred – Held, Court directed the learned Standing Counsel appearing for GHMC to produce copy of format - In said format, there is column “others” - Purpose of mentioning said column is to mention any other particulars including pendency of case proceedings etc - Company has not mentioned about pendency of said case in O.S. No. and Company cannot contend that there is no column in format - There is no error in proceedings dated issued by GHMC rejecting application submitted by unofficial respondents and there is also no error in issuing show-cause notice dated - There is also no error in hearing order dated passed by GHMC - W.P. No.8612 of 2021 filed by Mr. K. Gopi and another is dismissed granting liberty to them to make fresh application on conclusion of proceedings in O.S. No.258 of 2017 - W.P. No.13748 of 2021 filed by M/s. G.R. Thanga Maligai Private Limited & GRT Hotels & Resorts Private Limited is dismissed.

ORDER :

W.P. No.8612 of 2021 is filed to declare the action of respondent No.2 - GHMC in rejecting the petitioners’ application dated 04.02.2021 to accord permission for construction of building in Plot Nos.1-11-250 in Sy.Nos.53/5 and 89/1, situated at Shyamlal Building, Begumpet, Secunderabad vide letter No.3/C30/02438/2021, dated 05.03.2021 as illegal, and for a consequential direction to respondent No.2 to grant building permission order.

2. W.P. No.12858 of 2021 is filed by the petitioner - M/s. G.R. Thanga Maligai Private Limited & GRT Hotels & Resorts Private Limited, to declare the action of respondent No.2 - GHMC in issuing notice vide Lr.No.E-261677/01/C30/15066/2018/GHMC, dated 04.05.2021 as illegal.

3. W.P. No. 13748 of 2021 is filed by the very same petitioner to declare the action of respondent No.2 - GHMC in issuing the impugned order vide Lr.No.E-261677/01/C30/ 15066/2018/ GHMC/458, dated 05.05.2021 as illegal.

4. The parties in these writ petitions and the lis involved are one and the same and, therefore, all these writ petitions are disposed of by way of common order.

5. Heard Mr. B. Chandrasen Reddy, learned Senior Counsel appearing on behalf of petitioners in W.P. Nos.12858 of 2021 and 13740 of 2021; Dr. K. Lakshmi Narasimha, learned counsel representing Mr. B. Jithender, learned counsel for petitioners in W.P. No.8612 of 2021 and respondent Nos.5 and 6 in W.P. Nos.12858 and 13740 of 2021 and Mr. Chatla Madhu, learned Standing Counsel for GHMC.

6. The petitioners in W.P. No.8612 of 2021 are respondent Nos.5 and 6 in W.P. Nos.12858 and 13740 of 2021 and they will be hereinafter referred to as ‘unofficial respondents’, while the petitioner in W.P. No.12858 and 13740 of 2021, M/s. G.R. Thanga Maligai Private Limited & GRT Hotels & Resorts Private Limited will be referred to as ‘the Company’ and the official respondents in all the writ petitions being Greater Hyderabad Municipal Corporation will be referred to as ‘GHMC’. Therefore, for the sake of convenience, the parties arrayed in W.P. No.12858 of 2021 will be hereinafter referred.

7. The unofficial respondents claim that they are the absolute owners and possessors of House bearing No.1-11-250/B/A (Old No.1-11- 250) with open space of land admeasuring 1000 square yards in Survey Nos.53/5 and 89/1, situated at Shyamlal Buildings, Begumpet, Secunderabad. They have purchased the said property through registered sale deed bearing document No.4910 of 1993 in the month of September, 1993.

    (i) Besides the above said property, there is another property admeasuring approximately 7528 square yards bearing H.No.1-11-249. The same was purchased by the Company in the year 2006. When the said Company tried to encroach the land of the unofficial respondents, they have filed a suit vide O.S. No.258 of 2017 on the file of I Junior Civil Judge, Secunderabad for declaration. In the said suit, they have also filed I.A. No.231 of 2017 for grant of interim injunction, and the same was dismissed. Feeling aggrieved by the same, the unofficial respondents had preferred an appeal vide CMA 19 of 2018 and the same was allowed on 13.11.2018 by the learned XXVII Additional Chief Judge, City Civil Court, Secunderabad. Feeling aggrieved by the said order, the Company filed a revision vide C.R.P. No.483 of 2019, and this Court in I.A. No.1 of 2019, granted status quo on 17.04.2019 with regard to the schedule property for a period of two months. The said two months period was lapsed and no further extension was made.

(ii) While so, the GHMC had granted building permission dated 11.09.2019 in favour of the Company without notice to the unofficial respondents and without following guidelines issued by the Government vide G.O.Ms.No.168, Municipal Administration and Urban Development (M) Department, dated 07.04.2021 and G.O.Ms.No.50 of Municipal Administration and Urban Development (Plg.II) Department, dated 22.04.2019. The total area is covered in two house numbers is 1000 square yards of land purchased b

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