HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY WRIT PETITION No.29339 of 2015

ORDER:

This writ petition is filed seeking following relief:

“To declare the action of the 2nd respondent, in not considering the petitioner’s requisition dated 05.08.2015, while processing the application of the 3^rd respondent for permission for construction, as illegal and arbitrary.”

2. Heard Sri B. Shashidhar, learned counsel for the petitioner and Sri Putta Krishna Reddy, learned Standing counsel for respondent No.2.

3. Learned counsel for the petitioner submitted that land admeasuring Ac.2-00 gts in Sy.No.121, situated at Tandur Village and Mandal, Rangareddy District was purchased by petitioner’s family in the name of one of the family members Mr. Mallepally Narsimhulu, vide registered sale deed bearing document No.16 of 1979 dated 05.01.1979; that suit for partition was filed by petitioner’s family members vide O.S.No.154 of 2004, on the file of the learned VI Additional District and Sessions Judge, Vikarabad and the said suit was settled between the parties and the matter was referred to Lok Adalath and an award dated 13.02.2012 was passed, where under, petitioner’s family got one acre in Sy.No.121 of Tandur Village towards their share and they are in possession and enjoyment of the same. He further submitted that respondent No.3 is claiming to be the owner of plot No.11 in the neighboring layout and tried to encroach into petitioner’s land and made an application to respondent No.2, seeking permission for construction and the petitioner has submitted representation dated 05.08.2015 to respondent No.2, not to process any application submitted by respondent No.3. However, respondent No.2 is processing the said application without considering the representation submitted by the petitioner.

Aggrieved by the same, present writ petition is filed.

4. Learned Standing counsel for respondent No.2 would submit that subsequent to filing of writ petition, respondent No.3 has alienated plot No.11 in favour of Tandur Chemists and Druggist Association and the said association has approached respondent No.2 and obtained permission for construction vide building permit order dated 28.04.2018. However, as per his instructions, no construction has been undertaken and plot is still vacant and the time limit stipulated in the permission for construction has also been elapsed. He further submitted that the respondent No.2 would consider the representation dated 05.08.2015, submitted by the petitioner, in case any application submitted by third parties for permission in respect of plot No.11, and prayed to pass appropriate orders.

5. Considering the submissions advanced by learned Standing counsel for respondent No.2, this Writ Petition is disposed of, with a direction to respondent No.2 to issue notice to the petitioner, in case any application for construction is made in respect of plot No.11, by third parties and afford an opportunity of hearing and pass appropriate orders. There shall be no order as to costs.

Miscellaneous petitions pending, if any, shall stand closed.

___________________________________ LAXMI NARAYANA ALISHETTY, J DATE: 21.11.2025 ssy HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY WRIT PETITION No.29339 of 2015 DATE: 21.11.2025 ssy