THE HON’BLE SRI JUSTICE T. VINOD KUMAR WRIT PETITION No.3587 OF 2024

ORDER:

This Writ Petition is filed for issuance of Writ of Certiorari to call for records pertaining to impugned proceedings of the 3^rd respondent dated 20.12.2023 passed without any sort of notice or opportunity to the petitioner at the behest of unofficial respondent more so, despite a pending civil litigation in respect of House bearing No.7-61/14, Plot No.E-211, admeasuring 320 square yards in Sy. Nos.12, 13, 19, 20 and 21 situated at Salarjung Kancha village, Parvthapur Gram Panchayat, previously Ghatkesar Mandal (now Medipally Mandal), Medchal- Malkajgiri District, as being illegal, arbitrary, highhanded and violative of principles of natural justice.

2. Heard learned Counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development appearing for respondent Nos.1 and 2; Sri B. Jagan Madhav Rao, learned Standing Counsel appearing for respondent No.3, and with the consent of the learned counsel appearing for the parties, the Writ Petition is taken up for hearing and disposal at the stage of admission.

3. Shorn of unnecessary details, the petitioner contends that originally M/s. Sri Ramana Cooperative Society Limited was the owner and possessor of land admeasuring Ac.92.24 gts. in Sy. Nos.12, 13, 19, 20 and 21 situated at Salarjung Kancha village, Parvathapur Gram Panchayat, Ranga Reddy District; and that one Mr. Bharath, S/o M. Satya Narayana, who is a member of the above society got allotted the plot No.E-211, admeasuring 320 square yards in his favour and thereafter the sale deed was executed in his favour vide registered sale deed dated

16.12.2003.

4. Petitioner further contends that the said Bharath after getting the registered sale deed executed in his favour on 16.12.2003 and becoming the absolute owner and possessor had executed a sale deed dated 07.02.2004 in favour of the petitioner in respect of the subject property to an extent of 320 square yards and since then the petitioner became the absolute owner and possessor of the subject property.

5. Petitioner further contends that intending to construct a residential house over the subject property, he had approached the Gram Panchayat, Parvathapur and obtained building permission on 08.08.2008 in respect of the subject property which has been granted by the concerned Gram panchayat authorities having satisfied with the title of the petitioner.

6. Petitioner further contends that upon obtaining the building permission, he had made a construction and obtained house number from the concerned authorities and is diligently paying the property tax to the Gram panchayat Parvathapur previously, and now to Peerzadiguda Municipality, upon the said Gram panchayat being upgraded into Municipality, and as of date no dues are there against the above property.

7. Petitioner further contends that in respect of the said plot of land he has also obtained regularization under Layout Regularization Scheme (LRS) introduced by the State Government vide proceedings dated 11.08.2017.

8. Petitioner further contends that while the above being the factual position, the unofficial respondent is claiming ownership of the subject property as having purchased the same under registered sale deed dated 30.08.2016 from one Mr. P. Sravan Kumar in whose favour it is alleged that a sale executed by Sree Ramana Cooperative Housing Society, on 30.10.1989 even though the said society had become defunct by then.

9. Petitioner further contends that it is only after the Sub- Registrar of Cooperative Department being appointed as incharge officer, on 13.08.1996 the society got revived and, as such, the sale deed dated 30.10.1989 on the basis of which the unofficial respondent is claiming the subject plot is not a genuine document.

10. Petitioner further contends that since the unofficial respondent is claiming title on the basis of the sale deed executed by Sri Ramana Cooperative Housing society, the petitioner h