THE HON’BLE SRI JUSTICE SUDDALA CHALAPATHI RAO WP.No.27647 of 2013

O R D E R:

The instant Writ Petition is filed to declare the regularization proceedings No.LRS/10756/CR-10/Central Zone/GHMC/2008, dt.21.02.2009, issued by the 1st respondent-Corporation in favour of the 3rd respondent and the consequential building permission vide Permit No.17/73 in File No.222/D/10(D-28, 27, B and D- 27/3/8/09), dt.16.8.2009, as arbitrary, illegal, null & void and against the norms of public policy and contrary to the Municipal Act and Rules made there under and Regulations and to set aside the same.

2. The case of the petitioner is that it is a welfare association constituted in the year 1978 vide registered No.51/81 with sole object to serve the residents of the entire Maduranagar Colony, consisting of 30 layouts and all the plots in the said area are sold away and the petitioner-association is administering the functions of the association to safeguard the welfare of the members and to protect the public places from encroachment.

3. It is further contended that the petitioner-association came to know that the 3rd respondent instituted a civil suit in O.S. No. 1 of 2013 on the file of the learned IV Junior Civil Judge, City Civil Court, Hyderabad, seeking a decree of permanent injunction restraining the 1st respondent–Municipal Corporation from interfering with the construction activity undertaken by the 3rd respondent in premises bearing Nos. 8-3-222/B/A (Plot No.D-27), 8-3-222/B/A/1 (Plot No.D-27), and 8-3-222/D10 (Plot No.D-28) situated at Madhura Nagar, Yousufguda, Hyderabad. On coming to know of the said proceedings, the petitioner-association filed an implead petition seeking to come on record in the said suit. However, the said application was dismissed by order, dt.26.08.2013, aggrieved by which the petitioner-association preferred a Civil Revision Petition (CRP) before this Hon’ble Court.

4. It is further contended that the petitioner-association has come to the knowledge of the petitioner-association that the 1st respondent-Corporation vide proceedings No.LRS/10756/CR/ 10/Central Zone/GHMC/2008, dt.21.02.2009, had regularized an extent of 167.20 sq. meters, in favour of the 3rd respondent, which forms part of the earmarked 40’ wide road.

5. Petitioner further submits that the plot in survey No.77 in Ward No.8 Block No.3, situated at Yousufguda locality admeasuring 200 sq. yards (equivalent to 168 sq. mtrs.) originally belongs to one M.Shankaramma, W/o Veera Reddy and she along with her children sold the said property to Smt Nazimunnisa Begum vide registered document No.198/70 and subsequently, Smt Nazimunnisa Begum sold the said property to one Satish Kumar Agarwal vide registered document No.2525/1997 and the 3rd respondent herein had purchased the said property from Satish Kuamr Agarwal vide registered Document No.110/2007. It is specifically contended that, even as per the approved layout plan of Madhuranagar, the said area is clearly shown as a 40’

road.

6. It is further contended by the petitioner-association that the 3rd respondent herein with an intention to occupy the road on the eastern side of the said plot, had made an application seeking regularization of road width area. The said application was approved by the 1st respondent-Corporation vide proceedings, dt.21.02.2009. Subsequently, the 3rd respondent obtained building permission, dt.16.08.2009, wherein the eastern boundary of the plot has been shown as 35’ road. While construction is in progress, in the month of January, 2013, the petitioner- association made a representation to the 1st respondent- Corporation alleging illegal encroachment, pursuant to which, the

1st respondent-Corporation demolished the construction made by the 3rd respondent. Aggrieved by the said action of the 1st respondent, the 3rd respondent filed OS.No.1 of 2023 and obtained status quo. As the 1st respondent failed to file counter, it was set exparte.

7. It is further submitted by the petitioner-as