Municipal authorities cannot adjudicate title disputes and must direct parties to civil court, making any order to stop construction in such cases illegal.

COMMON ORDER

Heard Mr. E. Venkat Siddharth, learned counsel for the petitioner in W.P. No.24947 of 2022 and respondent No.5 in W.P. No.31861 of 2024, Mr. S. Surender Reddy, learned Standing Counsel for GWMC appearing on behalf of respondent Nos.2 to 4 in both the writ petitions and Mr. J. Prabhakar, learned Senior Counsel representing Mrs. Kanumuri Kalyani, learned counsel for respondent No.5 in W.P. No.24947 of 2022 and petitioner in W.P. No.31861 of 2024.

2. The petitioner in W.P. No.24947 of 2022 is arrayed as respondent No.5, while respondent No.5 is the petitioner in W.P. No.31861 of 2024 and the Greater Warangal Municipal Corporation (GWMC) and its officials are arrayed as respondent Nos.2 to 4 in both the writ petitions. Therefore, as the parties and lis involved in both the writ petitions are one and the same, both the writ petitions were heard together and the same are being disposed of by way of this common order.

3. However, for the sake of convenience, the parties are hereinafter referred to as they are arrayed in W.P. No.24947 of 2022.

4. CONTENTIONS OF THE PETITIONER

i) The petitioner is the absolute owner and possessor of the open plot bearing Plot No.7, admeasuring 248.44 square yards or 207.72 square metres in Survey No.240/B, situated at Lashkar Singaram Revenue Village, Hanamkonda Mandal and District, within the limits of GWMC (which is hereinafter referred to as ‘subject plot’), on the strength of a registered sale deed bearing document No.28619 of 2021, dated 23.11.2021.

ii) He has obtained instant approval building permit order dated 28.11.2021 from respondent No.2 for construction of Stilt for Parking + 2 Upper Floors under TS-bPASS. Thereafter, he also obtained letter of approval for commencement of work dated 21.12.2021 issued by GWMC in his favour. He commenced construction strictly in accordance with the building permit order and there is no deviation. He has laid slabs over stilt and two upper floors. Brick work was also completed.

iii) At that stage, he received a Notice dated 24.05.2022 from respondent No.2 stating that respondent No.5 submitted representations dated 14.02.2022 and 25.04.2022 contending that he (respondent No.5) is the absolute owner and possessor of the subject plot and the petitioner tried to grab the same. The petitioner obtained the building permit order dated 28.11.2021 and the letter of approval for commencement of work dated 21.12.2021 in collusion with respondent Nos.2 to 4. Therefore, he sought revocation of the said building permit order issued in favour of the petitioner and also a direction to the petitioner to stop the construction.

iv) On receipt of the said representations, respondent No.2 issued notice dated 12.05.2022 and conducted hearing on 21.05.2022. Both the petitioner and respondent No.5 appeared and made their submissions along with documents in proof of their title over the subject plot.

v) After hearing both the parties, respondent No.2 passed an order dated 24.05.2022, wherein it was observed that on receipt of application from the petitioner under TS-bPASS seeking building permission to construct a building along with self-certification, respondent No.2 after verifying prima facie title, issued building permit order dated 28.11.2021 in favour of the petitioner and thereafter the letter of approval for commencement of work dated 21.12.2021. Respondent No.5 is also claiming right over the subject plot along with his wife, Smt. Sujatha, on the strength of a registered sale deed bearing document No.24746 of 2021, dated 25.09.2021 executed by Mr. K. Naveen Kumar. Thus, both the petitioner and respondent No.5 are claiming right over the subject property and there is title dispute. Civil Court has to decide the title dispute and respondent No.2 has no power to resolve the same. By stating so, respondent No.2 directed the petitioner to stop further construction and also directed both the parties to approach competent Civil Court to resolve their dispute and thereafter a