Andhra Pradesh High Court
MR. JUSTICE C.V.NAGARJUNA REDDY
Sri K. Pavan Raj. -Appellant
versus
The Municipal Corporation of Hyderabad and three others. -Respondent
Writ Petition No.15884 of 2007
Decided on : 03-12-2007
This Writ Petition is one and hopefully the last of the multiple rounds of the litigation, which the petitioner's father earlier and the petitioner later subjected themselves.
2. Briefly narrated, the facts are as under:
One late Abdul Aziz Khan was pattadar of various agricultural lands comprised in Survey Nos.784 and 786 of Malkajgiri and Survey Nos.192, 198, 102 and 227 of Lalaguda village. After the death of the said pattadar, the properties were mutated in the name of Mr.Mohiuddin Khan and others, who are the legal heirs of the original pattadar, vide Proceedings No.291 dated 27-4-1955. An extent of Ac.33.03 guntas was acquired out of the said land by the Railways for construction of Railway Staff Quarters and Award dated 17-2-1960 was passed under the provisions of the Land Acquisition Act, 1894. The petitioner claims that the balance land was converted into house plots by the legal heirs of the original pattadar and one such plot, admeasuring 660 Sq.yards along with room bearing House No.12-7-107/3/2/B (old) in Survey No.786/1 to 5 of Mettuguda village was purchased by the father of the petitioner under registered sale deed No.164/85 dated 19-1-1985. When respondent No.4 tried to interfere with the enjoyment of the said property by the father of the petitioner, he filed O.S.No.17 of 1992 on the file of the I Assistant Judge, City Civil Court, Secunderabad for perpetual injunction. The said suit having been dismissed on 3-12-1996, the petitioner's father filed A.S.No.2 of 1997 against the said judgment and decree before the I Additional Chief Judge, City Civil Court, Hyderabad, and he was unsuccessful in the said appeal too with the dismissal of the same on 16-10-2000. He then filed Second Appeal No.108 of 2001 before this Court and the same was allowed by judgment dated 5-8-2005, whereunder the suit was decreed. This Court while disposing of the second appeal, however, observed that if respondent No.4 is of the view that the plaintiff deserved to be evicted under provisions of any law, it shall be open to them to do so. Evidently, taking cue from the said observations, respondent No.3 issued proceedings under Section 4 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 on 14-12-2005. As the petitioner's father died by that time, the petitioner questioned the said proceedings by filing Writ Petition No.27566 of 2005 before this Court and in W.P.M.P.No.35404 of 2005 this Court passed order dated 27-12-2005 granting interim suspension of the said proceedings dt. 14-12-2005.
3. While the said Writ Petition is pending, the petitioner made application dated 25-2-2006 to the Joint Collector, Hyderabad for issue of No Objection Certificate (NOC) in respect of the property in question for obtaining building permission from the 1st respondent-Corporation. The said application was rejected by the Joint Collector, Hyderabad, vide: Endorsement dated 9-6-2006 on the ground that the land in question is classified as Government land belonging to "C.G. Railways" in Town Survey Land Record. The petitioner then filed Writ Petition No.18051 of 2006 assailing the said endorsement and this Court allowed the said Writ Petition on 25-9-2006, wherein it was held that the action of respondents 1 and 2 in insisting on production of NOC for considering the building application of the petitioner cannot be sustained in the light of the settled legal position. A direction was, therefore, issued to respondents 1 and 2 to receive the petitioner's building application without insisting on NOC from the revenue authorities and further to consider the same along with relevant documents relating to title and possession and dispose of the same in accordance with law.
4. On 13-10-2006 the petitioner made an application for permission to construct a building on the plot in question. On 28/29-6-2007 the said application was rejected. Feeling aggrieved by the said rejection, petitioner filed this Writ Petitio
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