Building permits obtained through misrepresentation can be revoked by the Commissioner, emphasizing the necessity for truthful declarations in property disputes.

ORDER :

K. Lakshman, J.

Heard Mr. Alluri Raghu Rama Aurava, learned counsel for the petitioner, Mr. M. Durga Prasad, learned Standing Counsel for GHMC, Mr. L. Harish, learned counsel for respondent Nos.4 and 5 in W.P. No.28890 of 2024 and Mr. Pranay Sohini, learned counsel for respondent No.4 in W.P. No.8922 of 2022.

2. Lis involved and the parties i.e., petitioner and official respondents in both the writ petitions are one and the same. Therefore, both the writ petitions were heard together and the same are being disposed of by way of this common order.

3. However, for the sake of convenience, the parties are hereinafter referred to as they are arrayed in W.P. No.28890 of 2024.

4. CASE OF THE PETITIONER :

i) According to the petitioner, Mr. Nawab Kazim Nawaz Jung Bahadur and others executed a sale deed with possession in favour of Mr. M. Narsing Rao. His name was mutated in the records of then Gram Panchayat, Nacharam, Rangareddy District vide orders No.G/407/1985, dated 28.06.1985. He has obtained permission from the Revenue Department i.e., Tahsildar, Uppal Mandal, Medchal - Malkajgiri District. He has constructed an outhouse room in the said property. He also obtained election connection and paid power and water consumption charges to the authorities concerned.

ii) Mr. M. Narsing Rao executed a registered General Power of Attorney (GPA) bearing document No.2747 of 2019, dated 18.02.2019 in favour of the petitioner. Thereafter, the petitioner also executed a registered sale deed bearing document No.12008 of 2019, dated 07.08.2019 in his favour. Thus, on the strength of the said registered sale deed, the petitioner is claiming that he is the absolute owner and possessor of plot No.72 in Survey No.238, admeasuring 336.67 square yards out of 603.43 square yards, situated at Ward No.4, Block No.1, Kartikeya Nagar, Nacharam under GHMC Limits, Kapra Circle, Uppal Mandal, Medichal - Malkajgiri District, which is hereinafter referred as ‘the subject property’.

iii) It is further contended by the petitioner that on 30.04.2019, one Mr. Lakkaraju Jaya Prakash Narayana, respondent No.4 in W.P. No.8922 of 2022, represented by his GPA Holder, Mr. Lakkaraju Srinivas S/o Mr. Subbaraidu, filed a suit vide O.S. No.592 of 2022 on the file of I Additional District Judge at Kushaiguda (Old O.S. No.434 of 2019 on the file of the Principal District and Sessions Judge, Rangareddy), for declaration, cancellation of GPA No.2747 of 2019, dated 18.02.2019 and for perpetual injunction against the petitioner herein and his Vendor and also one Mr. Yousufuddin Khan, represented by his GPA Holder, Mr. M. Chandra Sekhar. Learned District Judge granted interim injunction in I.A. No.921 of 2019 in O.S. No.434 of 2019. The said suit is pending for trial and the said interim injunction is subsisting.

iv) It is further contended by the petitioner that on 04.01.2022, the GPA Holder of respondent No.4 in W.P. No.8922 of 2022, Mr. Lakkaraju Srinivas and his henchmen without any legal right tried to encroach and occupy the subject property. The petitioner lodged a complaint with Police, who in turn, informed him that it is a civil dispute. On enquiry, the petitioner came to know that the said Mr. Lakkaraju Srinivas is the brother’s son of respondent No.4 in W.P. No.8922 of 2022. He mortgaged the subject property with GHMC by way of executing a Mortgage Deed bearing document No.2174 of 2022, dated 05.02.2022 for obtaining construction of building permission. Therefore, he has filed a representation dated 04.01.2022 to the GHMC with a request not to issue any permission either to respondent No.4 in W.P. No.8922 of 2022 or his GPA Holder, Mr. L. Srinivas, or Mr. Ramesh or anybody claiming through them for construction of residential house in the subject property. He has also got issued a legal notice dated 09.02.2022. The same was not considered. Therefore, he has filed a writ petition vide W.P. No.8922 of 2022 against the GHMC and also respondent No.4 in WP No.8922 of 2022 se