Municipal authorities, when satisfied with a petitioner's prima facie title, cannot revoke or stall approved building permissions based on third-party title disputes, as they lack the legal authority to determine ownership, which must be resolved by competent courts of law.

O R D E R:

1. The present Writ Petition has been filed to declare the notice issued by the 2nd respondent in Lr.Roc.No.G1/646/2016, dt.04.04.2016, directing the petitioner to stop construction in plot admeasuring 155.55 sq. yards in Survey No. 1398 situated at Korutla Town, though permission has been granted by the 2nd respondent for construction of ground + First floor on 11.03.2015 through permit No. 37/2016, as arbitrary, illegal, void ab initio and violative of principles of natural justice and also violative of Articles 14, 19, 21 and 300A of the Constitution of India and to pass such other order or orders as deemed fit and necessary in the interest of justice and circumstances of the case.

2. The brief facts of the case are that the petitioner is the absolute owner and possessor of land admeasuring 155.55 sq. yards in Survey No.1398 situated at Korutla Village & Mandal, Karimnagar District, having purchased the same through a registered document bearing No.2607/2015, dt.08.05.2015, after getting the said plot surveyed from the office of the Assistant Director, Survey & Land Records and the boundaries having been duly fixed by the said authority by way of panchanama, in the presence of respondent No.3, vide panchanama dt.02.05.2015.

3. The petitioner further contended that he had made an application to the 2nd respondent for grant of permission for construction of a commercial building consisting of Ground + First Floor in the said plot and the 2nd respondent addressed a letter dt.31.07.2015, to clarify whether the plot of the petitioner situated in Survey No. 1398 is patta land or government land or belongs to Sri Venkateshwara Swamy Temple, Korutla, and that pursuant to the said letter, the Office of the Assistant Director, Survey & Land Records addressed a letter to the 2nd respondent on 08.10.2015 stating that the plot belonging to the petitioner is in Survey No.1398, it is a patta land and also furnished a location sketch of the said plot of the petitioner along with the said letter and thereafter, the 2nd respondent granted permission vide permit No. 37/2016, dt.11.03.2015.

4. It is further stated by the petitioner that after granting the said permission by the 2nd respondent, the petitioner started construction and completed till basement level and pillars, and at this juncture, the 2nd respondent issued a notice, dt.04.04.2016, to the petitioner stating that the 3rd respondent submitted an objection petition and also addressed a letter to the Joint Collector requesting not to accord building permission in the land of Sri Venkateshwara Swamy Temple, Korutla, i.e., the 3rd respondent herein, and directed the petitioner to stop construction work till the said land is surveyed. Challenging the said letter, the instant writ petition has been filed.

5. On the other hand, the 2nd respondent–Municipality filed counter contending that though the petitioner has produced certain registered documents to establish title, the claim of absolute ownership is disputed, and that the petitioner failed to disclose in his affidavit that the land in question is under dispute, despite the 3rd respondent having brought the ownership dispute to the notice of the 2nd respondent, and thus, there is suppression of material facts.

6. It is further contended that the petitioner’s assertion that the land was surveyed through the office of the Assistant Director, Survey & Land Records and that boundaries were fixed in the presence of pa