Authorities are bound by survey reports in property disputes, and arbitrary rejection of building permission violates procedural fairness.

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 vendors of the petitioner have purchased the said land under registered sale deed bearing document No.6796 of 2015 dated 01.06.2015 from the previous owners, namely, H. Subhadra and H. Ramchander Rao.

3. It is stated that the petitioner applied for layout regularization for the subject plot vide Application No.C/GHMC/ 035628/2020 dated 27.09.2020. Later, the petitioner applied for sanction of building permission. The respondent No.3 rejected the application vide shortfall Letter Lr.No.3/C25/ 22154/2018 dated 17.12.2018 stating that the proposed building space falls in Sy.No.238/2, 239/1 to 239/8 of Bhagya Lakshmi Colony, Subash Nagar, Jeedimetla, Quthbullapur as per the layout but not under Sy.No.236 as per the document produced by the petitioner. It is stated that the one of the residents of the said area filed RTI application dated 01.02.2019 to the GHMC seeking information to furnish a copy of Bhagya Lakshmi Colony Layout. Reply was received from the GHMC stating that the Bhagya Lakshmi Colony Layout is not available with the office.

4. It is stated that after receiving the shortfall letter dated 17.12.2018, the petitioner submitted representation dated 21.06.2019 to the respondent No.3 to conduct an enquiry along with Tahsildar, Quthbullapur, regarding boundaries of petitioner's open plot, which falls in Sy.No.236 and grant building permission. Upon such representation, the respondent No.4 sent a letter vide Lr.No.1160/TPS/Clr-25/GHMC/KZ/2019 dated 29.06.2019 requesting the respondent No.5 to furnish survey report along with sketch plan duly showing the land of the petitioner, whether the site falls in Sy.Nos.236 or 238/2, 239/1 to 238/8 of Jeedimetla Village of Quthbullapur Mandal.

5. It is stated pursuant thereto, survey was conducted by the surveyor of Revenue Department along with Town Planning Officers of GHMC and furnished a report along with sketch plan to the respondent No.4 vide Lr.No.B/773/2019 dated 27.08.2019, categorically stating that plot of the petitioner is falling in Sy.No.236 and thus, the objection raised by the GHMC in rejecting building permission of the petitioner is untenable. The respondent No.3, despite the report dated 27.08.2019, tried to interfere with the possession and erected a sign board and further went on construction of a compound wall around petitioner's plot contemplating that the plot is falling in Sy.Nos.238/2, 239/1 to 239/8 as per lay out of Bhagya Lakshmi Colony Subash Nagar, Jeedimetla, Quthbullapur Mandal which is illegal and shows the malafide intention of the authorities.

6. It is stated that the petitioner filed WP.No.19556 of 2019 to declare the rejection of the building permission application vide shortfall letter No.3/C25/22154/2018 dated 17.12.2018 as illegal and for a consequential direction to th