THE HON’BLE SRI JUSTICE T. VINOD KUMAR Writ Petition.No.21624 of 2003

ORDER

This Writ Petition is filed with the following prayer:

“… to issue Writ Order or Direction more particularly in the nature of Mandamus declaring the action of the Respondents No.1 to 3 in granting permission to the Respondents No.6 to 8 for construction of high rise buildings over land of the petitioner admeasuring Acs.35.221 Sq. yds. in Sy.No.71 (Part) and 72 (Part) Sherilingampally Village and Mandal, Ranga Reddy District, vide permit No.4802/GHMC/SLP/2022-BP dt.28.12.2022 in spite of serious title dispute between the petitioner and the Respondents No.4 to 8 and thereafter not considering objections, vide legal notice dated 28.2.2023 filed by the petitioner for cancellation of permission as per section 450 of the GHMC Act, 1955, as illegal and arbitrary and consequently direct the Respondents No.1 to 3 to consider the objections dated 28.2.2023 filed by the petitioner and pass such other order or orders as this Hon’ble Court may deem fit.”

2. Heard learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1 and learned Standing Counsel for GHMC appearing for respondent Nos.2 and 3, learned counsel appearing for respondent Nos.4, 5 and 8 and learned Senior Counsel appearing for respondent No.9 and perused the record.

3. Despite the petitioner being directed to take out notice to respondent Nos.6 and 7 and file proof of service, the same has not been filed till date. However, having regard to the manner of disposal of the writ petition and nature of lis involved, this Court is of the view that the matter can be proceeded with, without having the audience of the said respondents.

4. The case of the petitioner, in brief, is that he is the owner of land in Sy.Nos.71, 72 and 74 admeasuring Acs.27.18 guntas situated at Serilingampally Village and Mandal, Ranga Reddy District, having succeeded to the property of his grandfather by operation of law; that the mutation of the aforesaid land in the revenue records on to his name is pending with the revenue authorities; that when respondent Nos.4 and 5 tried to interfere with the possession of the petitioner, he had filed a suit, vide O.S.No.137 of 2020 on the file of XVI Additional District Judge, Kukatpally, Hyderabad; and that the learned Judge, vide order dt.21.11.2020 in I.A.No.1191 of 2020 in O.S.No.137 of 2020 had granted ad interim injunction directing respondent Nos.4 and 5 not to alienate the suit schedule property; and that aforesaid ad interim injunction is in force as of date.

5. It is the further case of the petitioner that respondent Nos.4 and 5 wilfully disobeying the order of the Court had created a partition deed dt.24.03.2021 in favour of respondent Nos.6 to 8, who are none other than the family members of respondent Nos.4 and 5; and that he had approached this Court by filing a Writ Petition, vide W.P.No.23869 of 2020; that this Court by order dt.11.08.2022 had directed respondent Nos.1 to 3 to consider the representation of the petitioner within six weeks from the date of receipt of the order; and that the 3^rd respondent pursuant to the order of this Court in W.P.No.23869 of 2020, had issued letter dt.06.09.2022 directing the respondents to stop, the 3^rd respondent had stopped the levelling activity at the site in Sy.Nos.71, 72 and 74 and not to proceed with any kind of construction activity without obtaining prior permission from GHMC authorities.

6. It is the further case of the petitioner that unofficial respondent Nos.6 to 8 herein thereafter approached the 9^th respondent with an intention to develop the land admeasuring 35,221 square yards knowing fully well that the land is the subject matter of pending civil suit wherein an order of ad interim injunction is subsisting, have applied for permission to construct a high rise building represented by the 9^th respondent; and that respondent Nos.2 and 3 had granted