THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI W.P.NO. 10407 OF 2023

ORDER:

In this writ petition, the petitioners are seeking a writ of mandamus declaring the impugned order vide No.GPN/01/2023, dated 21.02.2023, as illegal, arbitrary and unconstitutional and as without jurisdiction and consequently to set aside the same and to direct the respondents No.2 to 4 to demolish the unauthorized construction raised in the open plots of the petitioners in Plot Nos.30, 31, 34 and 43, in Survey No.235, situated at Nadipalli Shivaru, Dichpalli Mandal, Nizamabad District and to pass such other order or orders in the interest of justice.

2. Brief facts leading to the filing of this writ petition are that the petitioner No.1 is the father of petitioner No.2. The petitioner No.1 has filed an affidavit claiming to be the absolute owner of the Plots No.30, 31, 34 and 43, in Survey No.235, situated at Nadipalli Shivaru, Dichpalli Mandal, Nizamabad District, having purchased the same through registered sale deeds vide document Nos.(1) 2974 of 1993, dated 25.06.1993 (Plot No.30) consisting of 96 sq.yards; (2) 2975 of 1993 (Plot No.31) consisting of 60 sq.yards; (3) 5720 of 2020 (Plot No.43)

consisting of 86 sq.yards; (4) 5720 of 2020 (Plot No.34) consisting of 86 sq.yards, all located in Survey No.235. It is submitted that all these plots have been purchased by his vendor by way of a registered document No.407 of 1992, dated 06.02.1992. It is submitted that the petitioner No.1 and his family members have executed registered sale deed No.5720 of 2020, dated 10.06.2020, in favour of the petitioner No.2 in respect of the Plot Nos.34 and 43 (total 173.32 sq.yards) in Survey No.235 and delivered possession of the plots to the petitioner No.2, who has been in peaceful possession and enjoyment of the same ever-since. It is submitted that the respondents No.6 and 7, based on the fabricated documents obtained from his vendor, who did not have any title deed or property in Survey No.235, have raised construction in 173 sq.yards i.e., covered by Plots No.34 and 43 and therefore, the petitioners have submitted representations on 02.03.2022, 06.06.2022 and 09.09.2022. However, since no action was taken thereon, the petitioners were constrained to file the W.P.No.42919 of 2022 and this Court, vide orders dated 28.11.2022, had directed the respondents to dispose of the representations of the petitioners within a period of six weeks after issuing notices to the respondents No.6 and 7. It is submitted that thereafter, the petitioners filed another representation dated 30.11.2022 and the respondent No.5 has required both the parties to submit their documents and passed the present impugned order dated 21.02.2023 by directing the petitioners as well as respondents to obtain the report from the Tahsildar, Dichpally, for survey and demarcation. According to the learned counsel for the petitioners, since the land has been converted from agricultural to residential, the Tahasildar has no jurisdiction to conduct physical survey of any property and instead of the respondent No.5 calling for a report and link documents of the vendors of the respondents No.6 and 7, the respondent No.5 has passed the impugned order without any application of mind and in a biased manner in favour of the respondents No.6 and 7. Challenging the same, the present writ petition has been filed.

3. Learned counsel for the petitioners submitted that the only point for consideration before the Gram Panchayat was whether there was any valid permission in favour of the respondents No.6 and 7 for making any construction, but the respondent No.5 has considered the title of the parties to the suits without there being any jurisdiction vested in him for giving such findings. He is therefore seeking setting aside of the impugned order dated 21.02.2023 and also to direct the respondents No.6 and 7 not to create any third party interest in any manner in respect of subject properites. It is further submitted that