THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI

W.P.NO. 8066 OF 2025

ORDER:

In this writ petition, the petitioner is seeking a direction to

the respondents to take action against the unauthorized construction being carried out by the respondent No.6 without obtaining prior building permission and without valid title of land in Survey No.971/2/1, admeasuring 150 yards, situated at Lingannapet Village, Gambiraopet Mandal, Rajanna-Siricilla

District.

2. Learned Standing Counsel appearing for the

respondent No.5 has filed a counter affidavit stating that the respondent No.6 has commenced the construction without obtaining any building permission and therefore, a notice dated 10.11.2024 was issued calling upon the respondent No.6 to stop the construction and also another notice dated 12.11.2024 for the said purpose and therefore, the respondent No.6 has stopped the construction and applied for building permission on 10.12.2024 and the said application has been rejected on 23.12.2024 for

production of proper documents. It is submitted that in spite of the rejection of the said building permission, the respondent No.6 was proceeding with construction and therefore, they have taken steps to stop the construction.

3. Learned counsel appearing for the respondent No.6, however, submitted that the petitioner is claiming the land in Survey No.971/2/1, whereas the unofficial respondent has sought permission for construction in Survey No.972/2 and therefore, she sought time to file a counter affidavit in this case.

4. However, it is noticed that after issuance of a notice dated 15.02.2025 by official respondent No.5, the respondent No.6 has not filed any reply to the said notice. In view thereof, the respondent No.6 is directed to submit his explanation to the notice dated 15.02.2025 within a period of fifteen (15) days from the date of receipt of a copy of this order and thereafter, the respondent No.5 shall consider the same and pass appropriate orders thereon, and to take further action in accordance with law if the building construction of the respondent No.6 has no permission or authority.

Till a decision is taken by the respondents, no coercive steps shall be taken against the subject property.

5. The writ petition is accordingly disposed of. There shall be no order as to costs.

6. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.

__________________________ JUSTICE T.MADHAVI DEVI Date: 17.09.2025 bak