Regularization of unauthorized plots should not be denied when no ownership dispute affects the property; reliance on unrelated ongoing litigation is improper under applicable rules.

ORDER :

Laxmi Narayana Alishetty, J.

This writ petition is filed to declare the proceedings vide Roc.No.C1/1670/159/2013, dated 23.12.2017, passed by respondent Nos.2 and 3, cancelling the LRS permission granted vide Roc.No.LRS/C1/783/2012/2017, dated 29.07.2013 with LRS No.304/2013 as illegal, arbitrary and in violation of terms of old G.O.Ms.902 and also in violation of Article 14 and 300-A of Constitution of India and for consequential relief.

2. Heard Sri T.Bala Mohan Reddy, learned counsel for petitioner, Sri K.Sai Sriharsha, learned Counsel for respondent Nos.5 and 6 (L.R’s of deceased respondent No.4) and learned Government Pleader for Respondent Nos. 2 and 3.

3. Brief facts of the case as averred in the writ affidavit are that petitioner is the absolute owner and possessor of open plot admeasuring 441 Sq.yrds in Sy.No. 4/B of Lashker Singaram Village, Hanamkonda Mandal, having acquired the same under registered sale deed No.2578 of 2008, dated 08.04.2008 from one G. Venkata Subbamma. Similarly, petitioner’s wife B. Gayatri has purchased an open plot admeasuring 452 Sq. yards in Sy.no.4/B through a registered sale deed No.2577 of 2008, dated 08.04.2008 from one Ponnam Soubhagya and further, the minor sons of the petitioner represented by their natural guardian i.e., mother-B.Gayathri, have purchased plots admeasuring 465 Sq.yrds and 488 Sq.yrds in Sy.No.4/B, through registered sale deed Nos.2579 and 2580 of 2008, dated 08.04.2008 from P. Gopika and K. Dhana Lakshmi respectively; that the petitioner’s family has become the owner and possessor of total land admeasuring 1846 Sq.yrds in these four plots; that petitioner made an application dated 04.09.2012, for regularization of the unapproved plots and respondent No.4 and two others have filed objections to the said application; that the said application was considered and regularization proceedings were passed in favor of the petitioner vide proceeding No.LRS/C1/783/2012, dated 29.07.2013, to an extent of 1379.85 Sq. mtrs, as the balance extent of 200 Sq. yrds was affected by road and master plan, by duly rejecting the objections of respondent No.4. During the pendency of regularization proceedings, respondent No.4 has filed a suit vide O.S.No.462 of 2013, on the file of learned I- Additional Senior Civil Judge, Warangal in June, 2013, for declaration and for consequential Injunction, claiming that he is the owner of the land admeasuring 306 sq. yrds in Sy.No.4/B, having acquired the same through registered sale deed No.1921 of 1989, dated 26.07.1989; that in the said suit, injunction was granted against the petitioner.

4. It is further averred that the said suit is filed with regard to property of respondent No.4 only, but not that of petitioners; that the properties of the petitioner and respondent No.4 are different and further, in the said suit, neither there is any averment of overlap of lands nor there is dispute of title of petitioner’s land, hence, the said suit is no way concerned with the petitioner’s land and as such, pending suit in O.S.No.462 of 2013 has no relevance to the petitioner’s regularization proceedings; that the objections raised by the respondent No.4 along with others to the petitioner’s application for regularization are rejected by the authorities; that respondent No.4 approached the appellate authority by way of appeal with similar set of objections and the same was also rejected vide Orders dated 18.06.2015 in Roc.No.C1/1670/2013/631. Aggrieved by the same, respondent No.4 filed W.P.No.20527 of 2015, and the same was disposed of by this Court vide Order dated 20.12.2016; that respondent No.4 approached respondent No.2 through legal notice