Municipal authorities cannot arbitrarily issue stop-construction notices based on pending civil litigation between third parties when the aggrieved property owner is not a party to those suits and there is no evidence of deviation from the sanctioned building plan.

ORDER:

The present writ petition has been filed to declare the proceedings bearing Letter No.G/7855/Cir-II/GHMC/2015, dated 26.06.2015, issued by the 2nd respondent-Deputy Commissioner, as illegal, arbitrary and unjust and consequently, to set aside the same in the interest of justice.

2. The brief facts of the case are that, the petitioners in the instant writ petition, are challenging the proceedings issued by the 2nd respondent in letter bearing No.G/7855/TPS/Cir.II/GHMC/2015, dated 26.06.2015, directing them not to proceed with the construction being undertaken by them in Plot Nos.1 & 2 in Sy.Nos.65, 66 & 67, situated at Madhapur Mandal, Ranga Reddy District, on the ground that status quo orders were passed in I.A.No.524/2015 in O.S.No.691/2015, I.A.No.543/2015 in O.S.No.713/2015 and I.A.No.553/2015 in O.S.No.727/2015 on the file of Court of Principal Senior Civil Judge, Ranga Reddy District, though the petitioners are not parties to the said suits, and their title is not the subject matter of the said suits, despite the petitioners have a valid building permission vide permit No.27322/HO/WZ/Cir-11/2013, dated 23.08.2013, issued by the 1st respondent, and that the construction has reached an advanced stage of completion.

3. It is stated by the petitioners that, the husband and father of petitioner Nos.1 to 3, respectively, namely, late Kantheti Ravindra Babu, was the absolute owner and possessor of plot No.1 comprising 900 square yards, situated in Sy.Nos.66 and 67 of Madhapur village, Serilingampally Mandal, Ranga Reddy District, having purchased the same by virtue of a registered sale deed document No.1412/95, dated 31.01.1995, executed by the original owners, namely Smt. Rameeza Bee and 28 others, and as the said land was declared as surplus land, as per the provisions of Urban Land (Ceiling & Registration) Act, 1976, (for short, ‘Act, 1976’), late Kantheti Ravindra Babu made an application on 31.03.2003 for regularization of the same under G.O.Ms.No.455 Revenue (UC.II) Department, dated 29.07.2002, issued by the Government for regularization of the allotment of excess land under Section 23 of the Act, 1976, to the prospective purchasers of the said, and in that view of the case, said Ravindra Babu alleged to have paid an amount of Rs.1,91,411/- towards regularization fees, and the same was considered by the Government under G.O.Ms.No.1931 Revenue (UC.II) Department, dated 18.11.2005 regularizing the occupation of late Ravindra Babu in respect of the said land, and pursuant to the issuance of G.O.Ms.No.1931, dated 18.11.2005, the Special Officer & Competent Authority, Urban Land Ceiling, Hyderabad, issued an endorsement on 02.01.2006 duly enclosing a sketch of the land with measurements which stood regularized in favor of said Ravindra Babu, and subsequent to death of Ravindra Babu on 10.04.2008, the petitioner No.1 being the wife, respondent Nos.2 and 3 being sons, have acquired right title and ownership of the said land.

4. Further, it is also stated that one Smt. Kanapathi Nageshwari W/o.late M.V.Raghavaiah was the absolute owner and possessor of Plot No.2 in Sy.Nos.66 and 67 of Madhapur village, Serilingampally Mandal, admeasuring 600 square yards, having purchased the same under registered sale deed dated 28.01.1995 from Smt. Rameeza Bee and 28 others, and the as the land purchased by her was surplus land under the provisions of the Act, 1976, pursuant to G.O.Ms.No.747 Revenue (UC.II) Department, dated 18.06.2008, she applied for regularization of her plot, and the Government after considering her c