HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY
WRIT PETITION No.26882 of 2013
And WPMP.No.44314 of 2013
Date:21.01.2014 Between:
Smt Shareefunnisa Begum Shazan, W/o Mohd Manzoor . Petitioner And:
The Government of A.P., reptd., by its Principal Secretary, Revenue Department, Hyderabad and five others.
. Respondents Counsel for the Petitioner: Sri Babuji Tenneti Counsel for Respondent Nos.1, 2, 4 to 6: AGP for Revenue Counsel for Respondent No.3: Sri R.Radhakrishna Reddy Standing Counsel for GHMC The Court made the following:
ORDER:
This Writ Petition is filed for a Mandamus to set aside endorsement bearing No.E23/273/13, dated 22.01.2013, of respondent No.6.
The petitioner claims to be the lessee of the premises bearing No.11-4-647/1 A.C.Guards, admeasuring 464.87 square meters, in T.S.No.25, Block- E, Ward No.38 of Mallepally Village, Asifnagar Mandal, Hyderabad District (for short ‘the subject premises’). She has approached respondent No.6 with a request for grant of No Objection Certificate (NOC) for obtaining building permission from respondent No.3. By the impugned endorsement, respondent No.6 has rejected the petitioner’s application on the ground that the property is “Government G (PWD) land”.
The petitioner pleaded that the original owner, who leased out the subject premises to her, filed Writ Petition No.13350 of 1999 for a Mandamus to direct respondent Nos.2 and 4 to carry out the correction of entries in the Town Survey Register in respect of the subject premises by deleting the entry showing the property as “G (PWD) land” and to show his name as the owner, and that the said Writ Petition was allowed on 29.08.2007. In support of the said plea, the petitioner filed a copy of the order, dated 29.08.2007, passed in the said Writ Petition. A perusal of the said order shows that this Court, based on the material produced before it, held that the Public Works Department has nothing to do with the said property and that the writ petitioner-Smt Bilquees Fathima, D/o Sri Syed Ghulam Ahmed Saheb, is the owner of the same. The petitioner has also filed the true extract copy of the Town Survey Register, wherein the entries in Column Nos.20 and 23 have been corrected by rounding off the entry “G (PWD)” and showed the name of Smt Bilquees Fathima, D/o Sri Syed Ghulam Ahmed Saheb, as the present enjoyer.
In the counter-affidavit filed by respondent No.5, he has admitted the fact relating to correction of the entries in the Town Survey Register following the judgment of this Court in Writ Petition No.13350 of 1999. It is, however, averred that the said fact was not in the knowledge of respondent No.6 and therefore, the ground of rejection, namely; that the property is recorded as ‘Government (G PWD) land’ was mentioned by over sight. An objection has, however, been raised in the counter-affidavit that the petitioner has applied for grant of NOC in her capacity as a lessee and therefore, she is not entitled to the same.
In my opinion, there is no law which prohibits the lessee from obtaining NOC for construction of building, if the lease under which he/she is acting contains recitals conferring right on him/her to raise such construction. At best, the respondents can only insist on the consent of the lessor/owner for grant of NOC for raising constructions. Therefore, the said objection raised in the counter-affidavit has no merit.
WPMP.No.44314 of 2013 has been filed by one Shaik Mahmood and three others seeking their impleadment in the Writ Petition. They have pleaded that they have filed a Land Grabbing Case i.e., LGC.No.40 of 2008 against the petitioner’s lessor; that the same was dismissed on 12.07.2012; and that questioning the same, they have filed Writ Petition No.26607 of 2012, which is admitted and pending before this Court. The proposed respondents have pleaded that in the guise of enjoying the subject premises, both the lessor and the lessee have been trying to occupy the neighbouring property belonging to them.
The subject matter of dispute in the present Writ Petition is confined to non-grant of NOC to the petitioner in respect of the subject premises. Admittedly, the proposed respondents are not concerned with the subject premises. Therefore, they are neither necessary nor proper parties to this Writ Petition. As Writ Petition No.26607 of 2012 filed by them is pending, wherein the dispute sought to be raised by the proposed respondents is the subject matter, they are entitled to pursue the said Writ Petition. Accordingly, the said WPMP is dismissed.
For the above-mentioned reasons, the impugned endorsement is set aside and the Writ Petition is, accordingly, allowed. Respondent No.6 is directed to reconsider the request of the petitioner for grant of NOC to her in respect of the subject premises within a period of one month of her producing the consent letter from Smt Bilquees Fathima, D/o Sri Syed Ghulam Ahmed Saheb.
As a sequel to disposal of the Writ Petition, W.P.M.P.No.33264 of 2013 is disposed of as infructuous.
21st January, 2014 DR
JUSTICE C.V.NAGARJUNA
REDDY