HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.17830 OF 2021 ORDER : (ORAL)

This writ petition is filed by the petitioner seeking the following relief:

“…to issue a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the proceedings of the 2^nd respondent dt.09-07-2021 (served to the petitioner on 25-07-2021) vide File No.G1/772/2021 in seeking to demolish the compound wall of petitioner’s house bearing number 1-5-15/3 situated at Arvind nagar, Jagtial Municipality, Jagtial District without giving proper opportunity or hearing as illegal, arbitrary, without jurisdiction, unconstitutional, contrary to law, in violation of principles of natural justice and in violation of Articles 14 and 21 of constitution of India and consequently set aside the same and pass…”

2. The petitioner claims to be the owner and possessor of the property bearing H.No.1-5-15/3, situated at Arvind Nagar, Jagtial Municipality, Jagtial District. It is submitted that originally the land admeasuring Ac.11-21½ guntas in Survey No.413 was owned by one Mr. Rama Goud who sold the same in favour of Mr. Kasturi Veeresham and three (3) others in equal shares i.e. Acs.2-35 guntas each, through registered sale deed bearing document No.37 of 1954. Mr. Kasturi Veeresham, who purchased the land admeasuring Acs.2-35 guntas, died leaving behind his four (4) sons by name Mr. Kasturi Rajanarsimlu, Mr. Kasturi Rajanarsaiah, Mr. Kasturi Ramana and Mr. Kasturi Laxman as his legal representatives; they partitioned various properties acquired from their father and in the partition, Mr. Kasturi Rajanarsimlu was allotted the properties situated in Karimnagar and the other 3 brothers were allotted the land admeasuring Acs.2-35 guntas in Survey No.413, situated at Mothe shivar, Jagtial Mandal; the land was converted into house plots and were sold to various persons including one Mr. Gajula Laxmi Narayana to an extent of 335.50 square yards under registered sale deed bearing document No.1068 of 1993 dated 17.06.1993. Later, the petitioner purchased the said plot under registered sale deed bearing document No.1956 of 2000 dated 27.11.2000 from the Mr. Gajula Laxmi Narayana. Thereafter, the petitioner made application dated 17.02.2001 to the municipality for construction of building in the said plot and he was granted building permission vide proceedings No.369/C1/2001 dated 08.05.2001 and constructed a house with compound wall in accordance with the sanctioned plan. Subsequently, H.No.1-5-15/3 was allotted to the subject property and the petitioner had been regularly paying property tax to the municipality for the past more than twenty (20) years.

3. It is submitted that while so, respondent No.2 issued notice dated 07.04.2021 stating that respondent No.3 made complaint dated 12.01.2021 to the municipality alleging that the petitioner has constructed compound wall by occupying 15 feet private access road. Respondent No.2 directed the petitioner to remove the compound wall within a period of seven (7) days. The petitioner issued reply dated 15.04.2021 to the said notice denying the allegations made by respondents No.2 and 3. It is contended that respondent No.3 has no locus standi to make complaint against the petitioner as he is not a resident of Jagtial. Respondent No.3 is the son of Mr. Kasturi Rajanarsimlu (the elder son of Kasturi Veeresham who purchased the land in Survey No.413 from its original owner). Respondent No.3 had no share in the land in Survey No.413, however, respondent No.3 created a fabricated will deed, which never saw the light of the day. On the basis of the said fabricated will deed, respondent No.3 created a partition deed and he started claiming the plot on the eastern side of the house of the petitioner. It is submitted that three (3) other brothers of Mr. Kasturi Rajanarsimlu alienated the plot on the eastern side of the house of the petitioner to one Mr. Kokkula Ramesh in 2011 and Mr. Kokkula Ramesh, in turn, sol