HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 22143 OF 2024

O R D E R :

Heard Sri Kondaparthi Srinivasa, learned counsel for Petitioner, Sri S.Rahul Reddy, learned Special Government Pleader representing Respondents 1, 3 to 7, learned Standing Counsel for Respondent No. 2 Sri M. Dhananjay Reddy and Sri Zeeshan Adnan Mahmood, learned counsel for Respondent No.

8.

2. The case of Petitioner is that he is a resident of a property situated in Survey No. 1002 which is neighbouring to the subject land i.e. Survey Nos. 1003 to 1006 admeasuring Acs. 13-24 Guntas of Kukatpally Village and Mandal, Medchal- Malkajigiri District. Prior to this Writ Petition, he noticed that all of a sudden, construction activity is being undertaken on the subject land; he made enquires with Revenue Department which revealed that as per Khasra Pahani, the land in Survey No. 1006 is Shikamie. It forms part of a Tank. The construction activity is being undertaken by Respondent No. 8 without any valid permission. Further, as per the Topographic Sheet, the land in Survey No. 1006 is shown as a Tank. Despite land being Shikam and there being no permission granted from GHMC, Respondent No. 8 is undertaking construction in the subject land bearing Survey Nos. 1003 to 1006. Therefore, the construction apart from encroaching on to a water body in Survey Nos. 1003 to 1006 is nothing but an illegal and unauthorized construction, which needs to be stopped immediately. Petitioner had given representation dated 02.08.2024 and when the same was not acted upon, the present Writ Petition was filed.

3. On 13.08.2024, this Court ordered inspection of the Subject Land to be conducted by the Revenue and Irrigation Authorities. Pursuant thereto, Respondent No. 5 filed a joint inspection report dated 16.08.2024 stating that there is no waterbody/Shikam/Tank in the subject land and even as per the village map, there is no waterbody/Shikam/Tank in the subject land.

4. The case of Respondent No.2 is that based on the NOC issued by the Irrigation Department vide letter dated 21.07.2022 under the signature of the 7^th respondent, the authorities have granted building permission in favour of the 8th respondent dated 07.12.2023 for construction of 4 Cellars +1 ground + 0 upper floors. It is submitted that copy of aforesaid building permit order would be filed into this Court along with a memo. Respondent No. 2 while reporting that there is no unauthorised construction in the subject land, sought for dismissal of Writ Petition on the aforesaid ground.

5. In the counter affidavit filed by Respndents 3, 4 and 5, it is stated that in compliance with the orders passed by this Court, the A.E. (Irrigation), Kukatpally and Mandal Girdwar of Kukatpally had conducted inspection of subject land and furnished their report and based on the joint inspection report the details of field status were submitted through the letter dated 21-08-2024 before this Court. It is further contended that the connected records have been verified and found contrary the facts reported by their office letter dated 21-08-2024 since there are multiple issues over the subject land and also overlapping of Khanamet Village of Serilingampally Mandal. It is admitted that during the verification of old records, it is depicted from the entries of Khasra Pahani for the year 1954-55 that the subject land admeasuring Ac.1-08 gts. in Survey No.1003, Acs.2-07 gts. in Survey No.1004, Ac.1-38 gts. in Survey No.1005 and Acs.8- 04 gts. in Survey No.1006 situated at Kukatpally Village and Mandal of Medchal-Malkajgiri District are classified as Patta lands recorded in the name of Sri Gulam Mustafa Khan as Pattedar and the name of Sri Intivenka Balaiah is found recorded as Occupant of the lands. It is also contended that an additional suspicious entry in respect of land in Survey No.1006 is found recorded as ‘Shikam’ at Column No. 6 of Khasra Pahani 1954-55. It is also contended that land in Survey No.1006 of Kukatpally is abutting Go