High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction, more in the nature of Mandamus, declaring the impugned order in File No. 3046/W3/201811461 , daled 30.10.2018 of the 5th respondent where under the application seeking permission for construction submitted by the petitioners was rejected on the pretext that there is a dispute with the Public Health and medical Department even though the land to an extent of 500 Sq. yard sin Sy.No.149 of Kodad was redelivered in terms of the orders of the 2nd respondent dated '19.6.2012 in consequence to the withdrawal of the WP No. 2'1208/2009 on 21 .6.2012, as being illegal, arbitrary and consequently direct the respondents 5 and 6 to accord permission if the application is otherwise in compliance fo the statutory requirements lA NO: 'l OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 5 and 6 to consider the application submitted by the petitioners seeking permission for construction of Stilt plus 4 floors in an extent of 500 Sq. Yards in Sy.No.149 and 14912 of Kodad Town, by suspending the operation of the rejection order dated 30.10.2018 of the sth respondent in File No. 3046M3/2018/1461, pending disposal of the above writ petition lA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the petitioner to file the annexed material papers in the above WP as additional material papers Counsel for the Petitioners: SRl. P GlRl KRISHNA Counsel for the Respondent No.1: GP FOR MCPL ADMN URBAN DEV Counsel for the Respondent Nos.2 & 4: GP FOR REVENUE Counsel for the Respondent Nos.3&7: M/s RACHNA S. WADDEPALLI Counsel for the Respondent No.5&6: SRI P. KRISHNA REDDY SC FOR MC The Court made the following: ORDER THE HONOT]RABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.43241 oF 2018 ORDER (ORAL) This writ petition is filed to declare the order of respondent No.5 in File No.30461W31201811461, dated 30.10.2018 where under, the application submitted by the petitioners seeking building permission for construction of Stilt + 4 floors in an extent of 500 square yards in Sy.No.149 & 149/2 of Kodad Town was rejecred, as being illegal, arbitrary, violation of principles of natural justice.

2. Heard Mr. P.Giri Krishna leamed counsel for the petitioners, and Mr. P.Krishna Reddy, leamed Standing Counsel for respondent No.5

4. Perused the material on record. Leamed counsel for the petitioners submitted that petitioners purchased land to an extent of land admeasuring 500 square yards in Sy.Nos.149 and 14912 of Kodad village vide registered sale deed bearing document No.387ll2018 from the previous owner Mr. D.Srinivas, S/o Mr. Venkaiah. 2 .i

5. It is submitted that one Mr. N.Venkata Narsaiah was original pattedar of land to an extent of Acs.4-05 guntas in Sy.No.l49 of Kodad Village. Out of the said extent, he donated Acs.2-00 guntas of land for construction of Primary Health Centre at Kodad vide registered gift settlement deed dated 14.08.1963. The possession of the said land was delivered to the Govemment, thereafter, Primary Health Centre was constructed.

6. It is submitted that Primary Health Centre was in possession of excess land than what was donated by Mr. N.Venkata Narsaiah. Mr. N.Venkata Rama Rao, the grandson of Mr. N.Venkata Narsalah has filed W.P.No.l8416 of 2002 questioning the high handed action of the medical department in taking possession of excess land admeasuring of Acs.0-23 .guntas and also sought redelivery of the excess land. The writ petition was disposed of by order dated 18.04.2003, directing the respondents therein to get the land surveyed, and if it is found that the Medical Department is in possession of land in excess of Ac.2-00 guntas donated by father of the petitioner therein, the respondents were directed to redeliver the possession of such excess land.

7. Leamed counsel for the petitioners submitted that as there was violation of the order passed by this Court in W.P No.18416 of 2022 dated 18.04.2003. Mr. N. Venkata Rama Rao filed another W.P No.21208 of 2009. During the pendency of the writ petition, a requisition was made by the District Collector, Nalgonda, the Assistant Director of Survey and Land Records, to conduct survey- Accordingly, a report was submitted. It was categorically brought to the notice to the District Collector, Nalgonda that the Primary Health Centre at Kodad is in possession of the excess land. In compliance of the order passed by this Court possession of excess land admeasuring 500 square yards was redelivered by the District Collector, Nalgonda vide proceedings E2/7254/2003, dated 19.06.2012. Accordingly, Mr. N.Venkata Rama Rao, the predecessor-in-title of the petitioners has withdrawn the writ petition No.21208 of 2009 vide order dated 21.06.2012' Thereafter, Mr. N.Venkata Rama Rao has sold the land to Mr. J.Venkateshwarlu and Ms. J.Sukanya vide registered sale deed bearing document No.85l/2012 ot 25.10.2012, who in tum sold the said land in favour of vendors of the petitioners vide registered 4 '! sale deed bearing document No.121512014. Thus, the petitioners have valid title to the land in question

8. Leamed counsel for the petitioners fairly submitted that at the time of processing of building application of the petitioners under the impugned proceedings, the proceedings dated

19.06.2012 of the District Collector, Nalgonda was not submitted to respondent No.5 - Municipality. The impugned rejection letter was issued at the premise of Praja Asthula Parirakshna Samithi, who lodged a complaint opposing the grant of building permission to the petitioners, contended that the subject property is in dispute. Leamed counsel for the petitioners further submitted that the title of the petitioners cannot be disputed in view of the proceedings of the District Collector, Nalgonda vide proceedings No.E2/72541 2003, dated 19.06.2012, who redelivered possession of subject property pursuant to filing of W.P No.21208 of 2009.

9. Learned Standing Counsel for respondent No.5 submitted that based on documents submitted by the petitioners' buildings permission application was rejected. Several complaints have been 5 lodged by the members of Praja Asthula Parirakshna Samithi, Kodad, the members of Telangana Vikasa Samithi, and other social welfare members requesting Kodad Municipality not to issue any building permission in the disputed subject property' However, during the Joint Inspection, survey conducted by the Irrigation Department, Revenue Department' Survey and Land Records Department, on 16.11.2000 and 17-11.2000, was held that an extent of Ac.0- l0 guntas of land is less than the land donated to the Health Centre.

10. In view of the above, more particularly the proceedings No.8217254/2003, dated 19.06.2012, by which possession of subject property was redelivered to the original owners' the Writ Petition is a.llowed setting aside the impugned order in file No.3046/!V3l2018/1461, dated 30.10.2018 of respondent No'5' Consequently, respondent No.5 is directed to reconsider the building application of the petitioners, by duly taking into consideration the proceedings of the District Collector, Nalgonda in proceedings No.E2l7254 12003, dated 19.06.2012' Further, the petitioners are also given liberty to fumish additional I I I I I 6 \ F documents in support of their title. As the interest of Primary Health Centre, respondent No.7 Kodad is also involved, respondent No.7 shall put on notice by respondent No.5 before considering building application of the petitioners is considered. The said exercise shall be completed within a period of six (6) weeks from the date of receipt ofa copy of this order. No order as to costs. As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed. //TRUE COPY// D/. T. VIJAY KUMAR PUTY REGISTRAR /, SECTION OFFICER To, d Urban Development 1 The Principal Secretary, Municipal Administration Department, Secretariit Buildings, Hyderabad. 2. The District Collector, Suryapet District at Suryapet. 3. The District Coordinator of Hospital Services, Suryapet District at Suryapet. 4. The Tahsildar, Kodad Mandal, at Kodad, Suryapet District. 5. The Commissioner, Kodad Municipality, Kodad, Suryapet District. 6. The Town Planning Officer, Koda Municipality-lt, Kodad, Suryapet District. 7. The Superintendent, Primary Health Center, Kodad Town, Kodad, Suryapet District.

8. One CC to SRl. P GtRt KRTSHNA Advocate IOPUCI 9. One CC to tM/s RACHNA S. WADDEPALLI Advocate tOpUCl 10.One CC to SRI P. KRISHNA REDDY SC FOR MC [OPUC] 11.Two CCsto GP FOR MCPL ADMN URBAN DEV,High Courtforthe Stateof Telangana. [OUT]

12.Two CCs to GP for Revenue, High Court for the State of Telangana at Hyderabad. [OUT] \ '1 3. Two CD Copies KKS GJP ,t*. :-.1 .:-r.l i: HIGH COURT DATED:2510412025 ORDER WP.No.43241 of 2018 tJ .) L\ ), 1e -._::\- i i t'- S rr, ;a- o 17 JUN zffi f --^nrr,,';{\ t o z ALLOWING THE WRIT PETITION WITHOUT COSTS