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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
LAXMI NARAYANA ALISHETTY
Gurram Bixam – Appellant
Versus
State of Telangana, reptd., by its Principal Secretary – Respondent
ORDER :
This Writ Petition is filed to issue a Writ of Mandamus declaring the action of respondent No.2 in not taking any steps for stopping the construction and demolition of building being raised by respondent No.3 in an extent of 315 square yards in Sy.No.797 situated at FCI Area, Sagar Road, Miryalaguda, Nalgonda District, pursuant to the show cause notice dated 30.06.2015 issued by respondent No.2, as illegal and arbitrary and for consequential relief.
2. Heard Sri K.V.Subba Reddy, learned counsel for petitioner, Sri Krishna Reddy Putta, learned Standing Counsel for respondent No.2 and Sri Ravi Kondaviti, learned senior counsel appearing for Sri V.Venugopala Rao, learned counsel-on-record for respondent No.3.
3. The facts of the case shorn off unnecessary details, required for adjudication and disposal of the present Writ Petition, are that the petitioner purchased open place admeasuring of 132 square yards bearing House No.34-363/1(Old No. 34-245/D) in Sy.No.797 out of Ac.0-15 gts situated in Miryalaguda Town and Municipality, Nalgonda District, under a registered sale deed No.1430 of 2008, dated 12.03.2008, from one Nampaly Ram Narsaiah; that petitioner’s vendor obtained permis
A petitioner must establish ownership and prove claims regarding land disputes to secure injunctive relief against construction, particularly when prior judicial outcomes are unfavorable.
The court highlighted the importance of adhering to building permissions and procedures outlined under municipal law in construction matters.
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 ....
The revocation of building permission must consider the principle of natural justice, particularly in context of ongoing civil suits regarding property title.
Actions would be taken to verify that the existing structure is in accordance with the existing Development Permission and only thereafter, Building Usage Permission would be granted.
The court affirmed that any citizen can file complaints regarding unauthorized constructions, emphasizing strict enforcement of planning laws to prevent illegal activities.
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