The revocation of building permission must consider the principle of natural justice, particularly in context of ongoing civil suits regarding property title.

ORDER :

This writ petition is filed seeking following prayer:

“…to declare the impugned proceedings No.G1/4/CC/2014, dated 26.02.2015 issued by the respondent No.2 for revocation of building permission granted in favour of the petitioner vide proceedings No.44/2013-14, dated 07.12.2014 without any competent orders for title pending civil suit i.e. I.A.No.18 of 2015 in O.S. No.5 of 2015 on the file of Junior Civil Judge, Huzurabad, Karimnagar District, having injunction order in favour of the petitioner’s property to an extent of 241.11 sq. yards or 201.56 sq. meters, in Sy. No.2367/B, situated at Huzurabad village and Mandal, Karimnagar District is illegal, arbitrary, against to the principles of natural justice and set aside the same and to pass...”

2. Heard Sri K.Buchi Babu, learned counsel for the petitioner, Sri Putta Krishna Reddy, learned Standing Counsel for respondent Nos.2 and Sri R.K.Suri, learned counsel for respondent No.3 and 4.

3. Learned counsel for the petitioner would submit that petitioner is the absolute owner and possessor of the open plot admeasuring 241.11 Sq. Yards in Survey No.2367/B, situated at Huzurabad Village and Mandal, Karimnagar District (herein after ‘subject property’) and the same was acquired by way of Gift Settlement Deed vide Document No.2387/2013 dated 13.06.2013 from his mother. Subsequently, petitioner approached respondent No.2 seeking permission for construction and permission was accorded vide Proceedings No.B.A.No.44/2013-14 dated 07.12.2014. However, respondent No.3 is interfering with the construction, as such the petitioner has filed O.S. No.05 of 2015 on the file of Junior Civil Judge, Huzurabad and also filed an application vide I.A. No.18 of 2015 for injunction and the same was granted by the trial Court vide order dated 23.01.2015.

4. Learned counsel for the petitioner would further submit that respondent Nos.3 and 4 are claiming to be owners of land to an extent of 266 Sq. Yards in Survey No.2353/A&B under Gift Settlement Deed and made an application for construction and the same was sanctioned by respondent No.2 vide Proceedings No.96/2014-15 dated 23.12.2014: that petitioner submitted his objection on 12.01.2015 and thereafter respondent No.2 issued show cause notice vide No.G1/4/CC/2014 dated 20.01.2015 to petitioner as well as respondent Nos.3 and 4. The petitioner submitted his explanation to the said show cause notice on 27.01.2015. However, without considering the same respondent No.2 passed impugned order vide Proceedings No.G1/4/CC/2014 dated 26.02.2015, revoking permissions granted to petitioner as well as respondent Nos.3 and 4 and further directed them to approach appropriate forum to settle ownership title over the subject property.

5. Learned counsel for the petitioner would submit that respondent No.4 filed O.S. No. 01 of 2014 against the petitioner and others on the file of Senior Civil Judge, Huzurabad, and the petitioner herein filed an application vide I.A. No. 159 of 2019 in O.S. No. 01 of 2014 against the respondents, and the same was allowed on 22.07.2019 and temporary injunction was granted restraining the respondent Nos.1 to 4 and others from alienating the suit schedule property, in any manner, till the disposal of the suit and further the Commissioner, Nagara Panchayat, Huzurabad was directed to maintain status-quo till disposal of the case and not to change the records in any manner and not to issue any construction permission or any order in respect of suit land till disposal of the suit. He would further submit that while respondent Nos. 3 and 4 have allegedly created false documents, i.e., Gift Deeds, the peti