THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.13128 of 2025

ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:

“….to issue an appropriate writ, order or direction more particularly one in the nature of a writ of Mandamus declaring the action of the 5^th respondent interfering into the construction activity of the petitioner open plot in Survey No.69, admeasuring 280.50 Square yards situated at Miyapur Village Serilingampally Mandal under G.H.M.C Serilingampally Circle, Ranga Reddy District without there being any right is arbitrary illegal and Violation of Article 14, 300A of the Constitution of India consequently direct the 5^th respondent not to interfere into the peaceful possession and enjoyment of the petitioners house plot without following the due process of law in the interest of justice.”

2. Considered the submissions made by the learned counsel for the parties and with their consent, this writ petition is being disposed of at the admission stage.

3. Learned counsel appearing for the petitioner submitted that the petitioner purchased an open plot in Sy.No.69, admeasuring 280.50 Sq.Yards situated at Miyapur Village, Serlingampally Mandal under G.H.M.C. Serlingampally Circle, Ranga Reddy District through registered sale deed bearing Doc.No.10967 of 2021, dated 05.07.2021. The plot purchased by the petitioner is part of layout developed by M/s. Samatha Co-operative Housing Society in the land parcel of an extent of Acsd.9.00 guntas in Sy.No.69, which was purchased from its original Vendors by way of registered Sale Deed vide Doc.No.14463/2007 at RO, Ranga Reddy District and the said lands were Patta lands and no interest of the government is involved in the said lands. Learned counsel further submitted that the petitioner submitted an application before respondent No.3 for building permission and having verified the same, respondent No.3-G.H.M.C. has granted building permission vide No.319614/GHMC/15004/2023, dated 22.08.2023 and the same was accepted and issued TS.bPASS Self Certification for the construction of Stilt for parking + 2 Upper floors and thereafter, respondent No.3 issued Revocation Order of building permission vide Proceedings No.319614/GHMC/15004/2023, dated 20.09.2023 on the ground that the site was falling in the alignment of a proposed 150 feet road in a master plan. Aggrieved by the said revocation proceedings, the petitioner preferred a writ petition before this Court vide W.P.No.29057 of 2023 and upon hearing the counsel and after verification of the material available on record, this Court vide its order dated 17.10.2023 has allowed the said writ petition by setting aside the revocation proceedings dated 20.09.2023 passed by respondent No.3. Thereafter, the petitioner made a fresh application for building permission, duly enclosing the order dated 17.10.2023 in W.P.No.29057 of 2023 and considering the same, respondent No.3 issued TS-bPASS Building Permit Order vide No.345216/10999/GHMC/2023, dated 13.11.2023. The grievance of the petitioner is that despite the same, respondent No.5 is not only interfering with his peaceful possession but also causing obstruction for construction activities in the subject land.

4. Learned Assistant Government Pleader for Revenue submitted that subject land of the petitioner is forming part of Sy.No.69 which includes the adjacent government land in Sy.No.69/1 and the land in Sy.No.69/1 is prohibited for alienation and therefore the government interest is involved over the subject land.

5. Considering the submissions made by both the learned counsel, this Court is of the opinion that if the respondents are having any claim over the property in possession of the petitioner for which permission is granted, they are at liberty to take appropriate action in accordance with law after following the due procedure. The respondents are not having any power or authority to interfere with the subject property