ORDER

Heard learned counsel appearing for the petitioners, learned Assistant Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1 and Sri Midde Arun Kumar, learned standing counsel appearing for respondent Nos.2 and 3.

Perused the record.

2. In view of the nature of relief sought by the petitioners, this Writ Petition is disposed of at the admission stage dispensing with notice to respondent Nos.4 and 5.

3. Petitioner No.1 purchased house bearing No.29-1407/1/D, plot No.276, block No.29, Sy.No.324/1, situated at Deendayal Nagar, Neredmet, Malkajgiri mandal and district, within GHMC limits, under a registered sale deed bearing document No.1826 of 2007 dated 03.12.2005. He has executed a registered agreement of sale – cum – General Power of Attorney bearing document No.1778 of 2007, dated 28.02.2007. Petitioner No.1 purchased the subject property from Mr.M.K. Murthy under the aforesaid registered sale deed. When vendor’s vendor of respondent Nos.4 and 5 i.e., Mr.S. Sikander, S/o.S. Sridharan, interfered with the possession of the petitioners herein, they have filed a suit vide O.S.No.407 of 2021 seeking perpetual injunction. The same was decreed on 11.07.2023 by the learned Prl. Senior Civil Judge, Malkajgiri, Medchal-Malkajgiri district.

4. According to the petitioners, respondent Nos.4 and 5 obtained building permit orders, dated 18.09.2024 and 01.10.2024 for construction of Stilt for parking + 2 Upper floors by way of misrepresentation and suppression of facts. Therefore, petitioners have submitted a representation, dated 16.12.2024 to respondent No.3 with a request to cancel the building permit orders issued in favour of respondent Nos.4 and 5. On receipt of the said representation, respondent No.3 issued a Show Cause Notice, dated 20.12.2024 directing respondent Nos.4 and 5 to submit explanation as to why the building permit orders issued to them shall not be revoked / cancelled for misrepresentation of facts. According to learned counsel appearing for the petitioners, respondent Nos.4 and 5 did not submit any explanation to the said Show Cause Notice. Even then, respondent No.3 is not proceeding further against respondent Nos.4 and 5 pursuant to the said Show Cause Notice, dated 20.12.2024. Aggrieved by the said inaction of respondent No.3, petitioner filed the present writ petition.

5. Whereas, Sri Midde Arun Kumar, learned standing counsel appearing for respondent Nos.2 and 3, on instructions, would submit that on the complaint received from petitioner No.2, respondent No.3 has issued Show Cause Notice, dated 20.12.2024 to respondent Nos.4 and 5 granting 7 days time to submit explanation. They have not submitted any explanation. Respondent No.3 will take further action pursuant to the said Show Cause Notice, strictly in accordance with the procedure laid down under the GHMC Act, 1955.

6. As discussed supra, petitioner No.1 purchased the subject property under a registered sale deed bearing document No.1826 of 2007 dated 03.12.2005. In the schedule of the said sale deed, Survey Number is mentioned as ‘324/1’ situated at Deendayal Nagar, Neredmet, Malkajgiri mandal and district. Whereas in the sale deed of respondent Nos.4 and 5 it is mentioned as Sy.Nos.321/1, 322 and 324/1, situated at West Deendayal Nagar, Neredmet, Malkajgiri mandal and district. Thus, both the petitioners and respondent Nos.4 and 5 are claiming that they are the absolute owners and possessors of the aforesaid properties. According to the petitioners, respondent Nos.4 and 5 are making construction in the property belongs to the petitioners. Whereas, respondent Nos.4 and 5 have obtained building permit orders, dated 18.09.2024 and 01.10.2024 under TSbPASS by way of self-declaration and self-certification.

7. Perusal of both the said building permit orders would reveal that respondent Nos.4 and 5 obtained the said building permit orders in respect of house bearing No.29-1406/1/1/A on part of plot No.276, Sy.Nos.