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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
B.VIJAYSEN REDDY
Nalla Jayshankar Goud – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. petitioner's ownership and application for building permit. (Para 1 , 2 , 3 , 4 , 5) |
| 2. previous court orders and survey reports. (Para 6 , 7 , 8) |
| 3. arguments regarding the legitimacy of authorities' actions. (Para 9 , 10 , 11 , 12) |
| 4. court's duty to uphold valid survey reports. (Para 13 , 14 , 15 , 16) |
| 5. final judgment in favor of the petitioner. (Para 17) |
ORDER :
1. The writ petition is filed seeking a Writ of Mandamus to declare the impugned order vide No.45728/TPS/CR5/KPZ/GHMC/2023 dated 28.02.2023 passed the respondent No.3 rejecting the building application of the petitioner for his land admeasuring 177.33 sq. yards in Sy.No.236, Jeedimetla Village, Quthbullapur Mandal, Medchal - Malkajgiri District, as being contrary to common order dated 25.06.2021 passed by this Court in WP.No.1956 of 2019 and WP.No.12261 of 2020 and in violation of Article 14, 21 and 300A of the Constitution of India.
2. The petitioner claims to be the owner of the open land admeasuring 177.33 Sq. Yards, Sy.No.236, at Jeedimetla Village, Quthbullapur Mandal, Medchal-Malkajgiri District, having purchased the same under registered sale deed bearing document No.16789/2018 dated 26.07.2018; the
Authorities are bound by survey reports in property disputes, and arbitrary rejection of building permission violates procedural fairness.
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.
The revocation of building permission must consider the principle of natural justice, particularly in context of ongoing civil suits regarding property title.
Point of law: There is a presumption that public officials would discharge their duties honestly and in accordance with law. Even administrative power to be exercised to fulfill real purpose and not ....
Building permission applications must not be rejected without due process, including notice to the applicants, in accordance with principles of natural justice.
A petitioner must establish ownership and prove claims regarding land disputes to secure injunctive relief against construction, particularly when prior judicial outcomes are unfavorable.
Point of law: Disputed question cannot be decided in the Writ. Only instances are given. This order will not limit the rights of parties. Whatever issues are touched upon by this Court in the precedi....
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