A petitioner must establish ownership and prove claims regarding land disputes to secure injunctive relief against construction, particularly when prior judicial outcomes are unfavorable.

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 permission for construction, vide Permit No.G/2337 of 1994, dated 04.08.1994, and constructed a compound wall around the site; that the petitioner also purchased 363 square yards bearing House No.34-364/2 (Old No.34-245/E) in Sy.No.797 out of Ac.0-05 gts situated at Miryalaguda Revenue Village and Municipality under a registered sale deed No.1426 of 2008 dated 12.03.2008 from Nampally Sakkubai, who obtained construction permission vide Permit No.G/2280 of 1994, dated 21.07.1994, and constructed a compound wall around the site.

3.1. That respondent No.3 filed a suit vide O.S.No.10 of 1994 on the file of Senior Civil Judge, Miryalguda against one of the vendors of the petitioner and one Aechuri Krishnamurthy for perpetual injunction and the same was dismissed on 17.10.1997; that subsequently, respondent No.3 also filed a suit in OS.No.195 of 2009 on the file of Additional Junior Civil Judge, Miryalaguda, Nalgonda District against the petitioner for perpetual injunction, basing on the documents executed by Varakala Sathyanarayana Reddy and Jonnalagadda Matta Reddy, which were filed in OS.No.10 of 1994; that boundaries of the suit schedule property in OS.No.10 of 1994 and the subject property are different.

3.2. It was further averred that when respondent No.3 tried to occupy the petitioner’s land, the petitioner filed a suit in OS.No.259 of 2012 on the file of Senior Civil Judge, Miryalaguda and the same is pending; that in the meanwhile, the suit in OS.No.195 of 2009 filed by respondent No.3 was decreed on 25.02.2015 and aggrieved by the said judgment and decree, the petitioner preferred an appeal in A.S.No.6 of 2015 on the file of the VIII Additional District Judge, Miryalaguda and the same is pending; that taking advantage of the judgment and decree passed in OS.No.195 of 2009, respondent No.3 submitted an application on 07.04.2015 for grant of permission for construction of house and respondent No.2 granted permission vide proceedings No.G1/13/MM/2015, dated 09.04.2015, for construction of Commercial Building consisting of stilt + Ground + two upper floors; that basing on the permission granted by respondent No.2 and dismissal of I.A.No.365 of 2015 in A.S.No.6 of 2015, vide order, dated 28.04.2015, respondent No.3 occupied the petitioner’s plot on 03.05