THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI WRIT PETITION No.1430 OF 2016

ORDER:

This writ petition is filed seeking following relief:

“To issue an order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ declaring the action of the respondent No.2 in interfering and obstructing the completion of the construction of the residential house of the petitioner No.1 in his plot of land in an extent of 160 square yards out of an extent of 605 square yards in Survey No.131/1 situated at Garrepalli Village of Kataram Mandal of karimnagar District and the petitioner No.2 in his plot of land admeasuring 363 square yards in Survey No.176/2 situated at Regulagudem Village of Kataram Mandal of Karimnagar District is nothing but arbitrary, illegal, null and void and violative of principles of natural justice and also violative of Articles 14, 19 and 21 of the Constitution of India and also depriving the personal liberties of the petitioner, consequently direct the respondent No.2 not to interfere and not to obstruct in any manner in completing the construction of the small residential house of the petitioner No.1 in an extent of 160 square yards out of an extent of 605 square yards in Survey No.131/1 situated at Garepalli Village of Kataram Mandal of Karimnagar District and the petitioner No.2 plot of land admeasuring 363 square yards in Survey No.176/2 situated at Regulagudem Village of Kataram Mandal of Karimnagar District and to pass such other order or orders as this Court may deem fit and proper in the interest of justice.”

2. Learned counsel for the petitioners submits that petitioner No.1 purchased the plot of land admeasuring 605 square yards in Survey No.131/1 situated at Garepalli Village of Kataram Mandal of Karimnagar District, the said land was purchased vide registered Sale Deed document No.6 of 1994 dated 12.01.1994 and from then on he has been in possession and enjoyment of the property that he filed suit for perpetual injunction bearing O.S.No.106 of 2009 on the ground that two persons tried to interfere with his possession and the suit was decreed in his favour on

22.09.2010.

3. It is submitted that respondent No.2 granted the petitioner plot of land admeasuring 436 square yards on 13.10.2009, that the said parcel of land is in survey No.131/1 and his name is reflected in the proceedings which was issued by the Tahsildar (Annexure P-6, page No.37). It is further submitted that petitioner No.1 has obtained permission from the Gram Panchayath for construction of house in 160 square yards in the land which he purchased and that said permission was granted by the Gram Panchayath on 04.06.2011 (Permission, Annexure P-2).

4. It is submitted that petitioner No.2 is the owner and possessor of plot admeasuring 363 square yards in Survey No.176/2 and he purchased the same through registered Sale Deed document No.545 of 2006 dated 17.05.2006. That petitioner No.2 intended to construct a residential house and made an application for permission by proceedings No.147/GP dated 21.07.2013 house construction permission was not granted (Annexure P-4, Page No.29).

5. It is submitted by the learned counsel for the petitioners that respondent No.2 (Tahsildar) of Kataram Mandal has been interfering in the construction activity of petitioner No.1 and interfering in petitioner No.2 plot or land. It is submitted that construction activity is being taken up in the land which was purchased vide registered sale deed document No.6 of 1994 dated 12.01.1994 in survey No.131/1. Learned counsel for the petitioners invited the attention of this Court to registered sale deed dated

12.01.1994 (Annexure P-3, Page No.21). Hence, the writ petition.

6. On the other hand, learned Assistant Government Pleader for Revenue appearing on behalf of the respondents contended that nothing is placed on record to show that the Tahsildar (M.R.O) is interfering in the construction activity, except an oral assessment, which is self-ser