IMPORTANT POINT
IMPORTANT POINT
Disputes regarding property title and identification cannot be adjudicated in a writ petition under Article 226 of the Constitution and must be resolved through civil remedies.

ORDER :

1. Since the petitioner in both the Writ Petitions is one and the same and the issues are intertwined the Writ Petitions are being disposed of by this common order.

W.P. No. 1136 of 2017:

2. This Writ Petition is filed to declare the action of 4th respondent in rejecting the application of the petitioner on 29.01.2006 to grant permission for construction of residential house in plot of land admeasuring 133.33 square yards and not considering the representation dated 26.09.2016, as being arbitrary, illegal and against the principles of natural justice.

W.P. No. 22483 of 2024:

3. By this Writ Petition, the petitioner had sought to declare the action of respondent in interfering into the petitioner’s property without issuing any notice or giving lawful intimation and not following due procedure established by law, as being illegal and arbitrary.

4. Heard learned Counsel for the petitioner, learned Government Pleader for Municipal Administration & Urban Development for respondent No. 1, Sri M. Ram Mohan Reddy, learned Standing Counsel appearing on behalf of respondent Municipal Corporation and perused the record.

5. Petitioner contends that he having purchased the plot of land admeasuring 133.33 square yards in Sy. No. 384 under registered sale deed bearing document No. 172/2013, intending to construct a residential house therein had approached the respondent authorities for sanction of building permission and based on the instructions of the 4th respondent, had made an application seeking regularization of the aforesaid plot of land under Layout Regularization Scheme, 2015 by paying the requisite fee of Rs.10,000/- by obtaining a demand draft.

6. Petitioner further contends that upon the petitioner making application for grant of building permission along with application under Layout Regularization Scheme, the 4th respondent rejected the said application made by him on the ground that as per the General Town Planning Scheme sanctioned by the Government, vide G.O.Ms. No. 151 dated 02.11.2015, the proposed site is falling in Agriculture to residential use zone and thus, the application of the petitioner has been verified and noticed that the site in question is falling in vicinity of certain areas wherein there are restrictions for granting approval under regularization scheme.

7. It is also contended by the petitioner that while the respondent authorities have rejected the application made by the petitioner seeking for regularization of his plot of land, the same said authority had granted the building permissions to his neighbours, vide proceedings dated 23.12.2015 and 18.01.2016 in respect of properties situated in the very same survey number and locality as that of the petitioner.

8. Petitioner further contends that the respondent Government itself is constructing a Government hospital in the same survey number and the locality and that the 4th respondent is a silent spectator to the aforesaid construction being made while the said authorities are giving a deaf ear to his request.

9. It is also contended by the petitioner that the 4th respondent authority is not vested with any power or authority to verify the compliances of other laws viz. Conversion of Agricultural Land to residential use zone under the Agricultural Land Conversion Act and thus, the rejection of the petitioner’s application on the ground indicated in the rejection order is clearly vitiated.

10. Petitioner contends that while the action of the respondent authority in rejecting the application made seeking for regularization of plot is pending consideration before this Court in W.P. No. 1136 of 2017, the respondent Municipal Corporation is interfering into the petitioner's property without issuing any notice or intimation and have scheduled a general body meeting of the Council on 15.07.2024 by circulating the agenda under the cover of letter dated 11.07.2024 wherein one of the agenda item for discussion is to undertake construction of public toilets in petitioner