HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.26046 OF 2007 DATED 22ND SEPTEMBER, 2014.
BETWEEN Samala Sadanandam …….Petitioner And The Government of AP, rep. by its Secretary, Municipal Administration and Urban Development, Secretariat, Hyderabad and ors.
… Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.26046 OF 2007 ORDER:
Heard the learned Counsel for the petitioner, learned Standing Counsel for Respondent No.4 and learned Counsel for Respondent No.5.
It is stated that petitioner’s father was the owner and possessor of the land admeasuring Ac.1.07 gts in Sy.No.852 situate at Hunter Road, Shayampet, Hanumakonda, Warangal District. The said land was the agricultural land and earmarked for ‘agricultural use’ in the Master Plan of Warangal town. The father of the petitioner, during his life time, sold out a part of the said land to the fifth respondent-Society through three separate registered sale deeds, the particulars of which are as follows:
Sl.No. Document No. Date Extent Total 4235 sq.yards The said extent is equivalent to Ac.0.35 guntas. The father of the petitioner was in possession of the remaining land of an extent of Ac.0.12 guntas situate towards the eastern side of the land sold to the fifth respondent-Society. The father of the petitioner, during his life time, executed a registered Will deed in favour of the petitioner and his brothers. The father of the petitioner died on 14.10.2001. After the death of his father, the petitioner and his brothers came into possession of the land held by his father.
At the time of preparation of the Master Plan, the fourth respondent Corporation was the Selection Grade Municipality and in the year 1999, the fourth respondent-Corporation was upgraded to Municipal Corporation. In view of the rapid development of the Warangal town, the lands which were previously earmarked for agricultural use etc., in the Master plan were changed into commercial use. In pursuance of the same, the fifth respondent-Society made an application to the second respondent on 24.11.2000 for change of land use. The fifth respondent also made an application to the fourth respondent-Corporation for sanction of construction permission. It is the case of the petitioner that while seeking such permission, the fifth respondent tampered the extent of land by mentioning as ‘3282’ sq.yards in stead of mentioning 3026 sq.yards. The first respondent after following the procedure contemplated under the Andhra Pradesh Urban Area (Development) Act, 1975 issued G.O.Rt.No.454 MA, dated 5.9.2002 permitted change of the land use from agriculture use to commercial use and the fifth respondent was also permitted for construction of ‘Kakatiya College of Physiotherapy’ in the aforesaid land. The fourth respondent also sanctioned construction permission through proceedings dated 14.7.2003. When the fifth respondent tried to interfere with the possession of the petitioner in respect of the land situate towards eastern side of the land purchased by it, the petitioner and his brothers filed O.S.No.1421 of 2005 on the file of the learned Principal Junior Civil Judge, Warangal against the fifth respondent seeking relief of permanent injunction. In view of tampering made by the fifth respondent while seeking permission for construction of building, the petitioner submitted representations on 21.09.2006, 10.1.2007 and 14.5.2007 to the respondents 1 to 4 seeking necessary action. The second respondent issued proceedings in Roc.No.F2/3350/2007, dated 13.6.2007 directing the fourth respondent to take immediate action. After receipt of the proceedings, the third respondent through proceedings dated 13.7.2007 requested the fourth respondent to send remarks along with records. However, no action has been taken by respondents 3 and 4. In these circumstances, the present Writ Petition was filed.
A counter affidavit is filed by the third respondent stating that after following the due procedure, permission for conversion of land use from agriculture use to commercial use was issued in G.O.Ms.No.454, dated 5.9.2002 and the same was communicated to the respondents.
The first respondent also filed counter affidavit stating that after following the due procedure contemplated under the Andhra Pradesh Urban Area (Development) Act, 1975, the Government issued G.O.Ms.No.454, dated 5.9.2002 confirming the draft notification issued for change of land use.
No counter affidavit is filed by respondents 2 and 4. However, the learned Counsel for the fifth respondent submitted that the petitioner filed Writ Petition No. 22535 of 2008 seeking initiation of criminal proceedings against the fifth respondent and the same was dismissed by this Court on 16.10.2008 on the ground that no public law element was involved.
The learned Counsel for the petitioner produced a copy of the order in Proceedings Roc.No.G3/7429/2013, dated 30.9.2013 issued by the Commissioner of Warangal Municipal Corporation intimating the petitioner and others that after disposal of the civil suit in O.S.No.1421 of 2005, the complainant/petitioner is at liberty to approach the fourth respondent for initiating appropriate action against the fifth respondent.
The learned Counsel for the petitioner also brought to the notice of the Court the show cause notice in Roc.No.G3/7429/2000-14, dated 4.8.2014 issued by the fourth respondent asking the fifth respondent to show cause as to why permission granted for building construction vide Building permit No.65/2000 dated 14.76.2003 shall not be revoked on the ground that building was constructed in excess land which is against the documents submitted at the time of granting permission.
In view of the action taken by the fourth respondent by referring the complaint dated 12.12.2013 of the petitioner, now it cannot be said that the respondents 3 and 4 are not taking any action. In view of the show cause notice issued to the fifth respondent, the fourth respondent is directed to take further action after considering the reply if any submitted by the fifth respondent and also representations stated to have been submitted by the petitioner on 21.09.2006, 10.1.2007 and 14.5.2007, if necessary by giving an opportunity of being heard to the petitioner as well as the fifth respondent. The said exercise shall be completed within a period of three months from the date of receipt of a copy of this order.
The Writ Petition is accordingly disposed of. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 22ND SEPTEMBER, 2014.
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