The authority to grant construction permissions must rely on prima facie title and possession, with courts unable to resolve ownership disputes in writ proceedings.

ORDER :

This Writ Petition is filed to declare the inaction of respondents in considering the representations dated 02.12.2013, 06.12.2013, 17.02.2014, 04.12.2014, 29.12.2014, 05.01.2015, 21.12.2015, 21.08.2017 and 25.10.2017, submitted by the petitioners and allowing illegal constructions in petitioner’s lands to an extent of Acs.13 – 22 gts in Sy.Nos.592 and 593 part, situated at Old Alwal Village (Saibaba Nagar), Alwal Circle, Alwal Mandal, Medchal- Malkajgiri District, without any valid permission from the competent authority as illegal, arbitrary and contrary to the provisions of G.H.M.C Act and for consequential relief.

2. Heard Sri Tarun G.Reddy, learned Counsel for petitioners, Sri K.Ravi Mahender, learned Standing Counsel for respondent Nos.1 to 3 and Sri T.V.Ramana Rao, learned Counsel for respondent Nos.5 to 15.

3. Learned Counsel for the petitioners would submit that originally, one Palla Narsimham, who is the grandfather of petitioners herein was the owner and possessor of land admeasuring Acs.18 – 01 gts, having acquired the same through a compromise decree dated 20.10.1978, in a partition suit vide O.S.No.80 of 1963, between his brothers; that he executed Family Settlement Deed dated 17.07.1980, between himself, his son and 7 daughters, as per which, Ac.1 – 00 gts was allotted to each daughter and the remaining to his son P.Vishwshwar Rao, however the property was not partitioned by metes and bounds and the same was in joint possession of petitioners’ family; that after the demise of Palla Narsimham, as disputes arose between the family members of the petitioners, they were compelled to approach the Court by way of filing a suit vide O.S.No.206 of 2008, on the file Principal District Judge, Malkajgiri District, for partition of subject property and the same was pending adjudication.

4. Learned Counsel for petitioners further submitted that petitioners neither sold the subject property to any third party nor executed General Power of Attorney (G.P.A) or any authorization in favour of anybody including P.Vishweshwara Rao and never applied for conversion of subject land from agriculture to non-agriculture and also not submitted any layout plan before competent authorities, however, several unauthorized persons/encroachers occupied the subject property and obtained permissions for construction by submitting false and fabricated documents and making illegal constructions in the subject property. The municipal authorities without verifying the title to the property and link documents, granting permissions for constructions; that petitioners submitted several representations dated 02.12.2013, 06.12.2013, 17.02.2014, 04.12.2014, 29.12.2014, 05.01.2015, 21.12.2015, 21.08.2017 and 25.10.2017, to respondents Corporation to take action against the illegal constructions being made in the subject property, but the same were not considered by the respondents Corporation. Aggrieved by the same, present writ petition is filed.

5. Per contra, learned Counsel for respondent Nos.5 to 16 would submit that respondent Nos.5 to 16 are bona fide purchasers of plot which are developed in the subject property, having paid valid sale consideration to their vendors; that the vendors of the respondent Nos.5 to 16 started purchasing the subject plots from the year 2000 i.e., much prior to the filing of suit vide O.S.No.206 of 2008 and the plot owners formed into a Society named as ‘Sai Baba Nagar Welfare Association” and number of houses were constructed by duly obtaining building permissions from the respondents Corporation much prior to the interim Orders passed by this Court. He placed on record, copies of registered sale deeds, basing