Authorities cannot interfere with construction activities for which valid building permits have been granted without following due process of law, including the issuance of notice and providing an opportunity for a hearing.

ORDER:

Heard learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1, and Sri Midde Arun Kumar, learned standing counsel for GHMC appearing for respondent Nos.2 to 4. With the consent of both the parties, the writ petition is being taken up for disposal.

2. This writ petition has being filed seeking the following prayer:-

“to issue any writ order or direction one more particularly in the nature of writ of Mandamus declaring the action of the respondents more particularly respondent Nos.3 and 4 interfering with the construction work of the petitioners who are absolute owners of the plots No.2,3,7,7A and 8A, in Survey No.233/1 (old 233/AA), situated at Nizampet village, under Nizampet Municipal Corporation, Bachupally Mandal, Medchal-Malkajgiri District, Telangana State as per building Permit No.010907/BP/HMDA/2248/MED/2022, dt.17.05.2023, Permit No.265592/NZPET/0066/2023, dated11.04.2023, Permit No.265569/NZPT/0064/2023, dated 18.03.2023 and permit No.265552/NZPT/0063/2023, dated 18.03.2023 as per the terms of sanction by the respondent No.2 without authority, jurisdiction and in violation of the principles of natural justice as illegal, arbitrary, unconstitutional and untra vires to the mandate of respondent No.3 and consequently direct the respondent to not to interfere with the possession and construction works of the petitioners in their respective plots, the plots No.2,3,7,7A and 8A, in Survey No.233/1 (old 233/AA), situated at Nizampet village, under Nizampet Municipal Corporation, Bachupally Mandal, Medchal-Malkajgiri District, Telangana State as per building permit No.010907/BP/HMDA/2248/MED/2022, dated 17.05.2023, Permit No.265592/NZPET/0066/2023, dated 11.04.2023, Permit No.265569/NZPT/0064/2023, dated 18.03.2023 and to pass such other order or orders....”

3. The petitioners claims to be owners and possessors of the subject plots having acquired the same through registered sale deeds/gift settlement deeds from the original owner. It is their specific case that the layout consists of residential plots formed in Survey No.233/1 and they are in possession of their respective plots.

4. It is further submitted that the petitioners have obtained building permissions from the competent authority, i.e., respondent No.2–Nizampet Municipal Corporation, vide Permit No.010907/BP/HMDA/2248/MED/2022, dated 17.05.2023 and other permits bearing Nos.265592/NZPET/0066/2023, dated 11.04.2023, 265569/NZPT/0064/2023, dated 18.03.2023 and 265552/NZPT/0063/2023, dated 18.03.2023, and are carrying out construction in accordance with the said permissions. The grievance of the petitioners is that respondent Nos.3 and 4, without issuing any notice and without following due process of law, are interfering with the construction activity and threatening coercive action.

5. Learned Standing Counsel appearing for respondent Nos.2 to 4 submits that the authorities would undertake inspection and take action, if any violation is noticed, strictly in accordance with law.

6. Learned Government Pleader for Revenue submits that certain lands in the subject survey number are stated to be assigned lands and the matter requires verification with reference to the revenue records.

7. Having considered the rival submissions and upon perusal of the material available on record, this Court finds that the petitioners claim to be in possession of the subject property and are carrying out construction pursuant to building permissions granted by the competent authority. Once building permissions are granted by the competent authority, any interference wi