THE HON’BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.6632 of 2025

ORDER

This Writ Petition is filed seeking a Writ of Mandamus declaring the inaction on the part of respondent No.4 in considering the representation of petitioner dated 11.11.2024, in not conducting enquiry and not stopping the illegal constructions being carried out by respondents No.5 and 6 in the land admeasuring Ac 1.03 guntas in Sy.No.472 (Old), 472/E/1(New), situated at Kallur Village, Korutla Mandal, Jagitial District, as illegal and arbitrary and to pass such other order or orders.

2. Learned counsel for the petitioner submitted that the petitioner made a representation to respondent No.3 on 11.11.2024 bringing to their notice that he has filed a suit in O.S.No.165 of 2023 before the Junior Civil Judge, Korutla and no permissions for construction in the subject land should be granted during the pendency of the said suit, but the respondents have not considered the same and are not taking steps to stop unauthorized constructions in the subject land.

3. Respondent No.4 has filed a counter affidavit stating that respondent No.6 obtained NALA conversion proceedings in respect of the land admeasuring Ac.1.03 guntas in Sy.No.472/UU/1 and had made a layout and the purchasers of the individual plots in the said layout have made applications for building permissions which were granted by the Gram Panchayat in the year 2024. It is further stated that the plot owners have commenced construction in their plots but the plot owners have not been made parties to the present Writ Petition and therefore, the Writ Petition is not maintainable against them.

4. Respondents No.5 and 6 have also filed a counter affidavit stating that they are the successive purchasers of the subject property and have converted the agricultural land into non-agricultural land, developed a layout and sold the plots to third parties. It is further stated that the respective plot owners have started construction but they are not made parties to this Writ Petition.

5. Having regard to the rival contentions and the material on record, this Court finds that the request of the petitioner in the representation dated 11.11.2024 is, not to grant any building permissions in Sy.No.472 (Old), 472/UU/1 (New), situated at Kallur Village, Korutla Mandal, Jagitial District. Admittedly, the petitioner has filed a Suit in O.S.No.165 of 2023 before the Junior Civil Judge, Korutla, for declaration of title, perpetual injunction and a declaration that the registered documents are null and void and are not binding on him. This clearly shows that the title of the petitioner depends on the outcome of the Civil Suit and respondent No.4 is required to consider the representation of the petitioner on the basis of prima facie title of the petitioner. Further, it is the case of respondent No.4 that building permissions have been granted in favour of individual plot owners who are making construction and that they are not made parties to this Writ Petition. Therefore, this Court does not find any merit in this Writ Petition at this stage and the same is liable to be dismissed.

6. Accordingly, this Writ Petition is dismissed. There shall be no order as to costs.

7. Miscellaneous applications, if any, pending in this writ petition, shall stand closed.

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JUSTICE T. MADHAVI DEVI Date: 14.08.2025 PRN