Telangana High Court
Dr.L.Anuradha vs The State Of Telangana on 27 December, 2023
Author: B. Vijaysen Reddy
Bench: B. Vijaysen Reddy
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.22098 of 2022
ORDER:
The writ petition is filed to declare the action of the respondent authorities in interfering with the possession and enjoyment of the petitioner in respect of Plots bearing Nos.253, 254 and 255 admeasuring 1500 sq. yards, Sy.No.66/2, Raidurg Nav Khalsa Village, Serilingampally Mandal, Ranga Reddy District, as being illegal, arbitrary and violative of Articles 14, 21 and 300A of the Constitution of India.
2. The case of the petitioner is that she purchased the subject property under registered sale deed bearing document No.6933/1993 dated 12.08.1993. The petitioner has also obtained building permission for Stilt + 5 Upper Floors in 1500 sq. yards vide permit dated 11.02.2022 bearing No.0148/GHMC/SLP/2022-BP issued by Greater Hyderabad Municipal Corporation. The petitioner is proceedings with the construction in the subject property as per the approved plan.
3. In the counter affidavit filed by the respondent No.5, it is stated that as against the claim of ownership of over 1500 sq. yards by the petitioner, the land admeasuring 225 sq. yards (75 sq. yards each in Plot Nos.253, 254 and 255) out of 1500 sq. yards, is falling in Government land bearing Sy.No.66/1 and 2 classified as 'Sarkari'. It is submitted that the land has been surveyed by the Mandal Surveyor and it was found that an area of 225 sq. yards is Government land.
4. Learned Assistant Government Pleader for Revenue submitted that if the petitioner is not satisfied with the survey report, the petitioner is always at liberty to get the survey done by the Deputy Inspector of Survey by filing an online application and remitting requisite fee.
5. Learned counsel for the petitioner submitted that in view of the objection raised by the respondents that the land admeasuring 225 sq. yards out of 1500 sq. yards, belonging to the petitioner, is Government land, the petitioner seeks liberty to proceed with construction activity in 1275 sq. yards (1500-225). She also pointed out that there is no dispute whatsoever with respect to 1275 sq. yards as per the location map filed by the respondent No.5 along with the counter affidavit.
6. Learned counsel for the petitioner submitted that the construction activity taken up by the petitioner does not fall within the disputed area of 225 sq. yards. It is submitted that the petitioner would apply for revised building permission, if required, so as to ensure that constriction of the building is carried out only in 1275 sq. yards and outside the disputed area of 225 sq. yards. 3 At the same time, the learned counsel for the petitioner seeks permission of this Court to approach appropriate authority to file representation/application to take action in accordance with law for clearing the cloud/dispute over title in respect of 225 sq. yards of the subject property.
7. The writ petition is disposed of recording the above submissions and granting the liberty sought for. The petitioner is permitted to proceed with the building construction pursuant to the building permission dated 11.02.2022 bearing No.0148/GHMC/SLP/ 2022-BP/revised permission in an extent 1275 sq. yards forming part of plots Nos. Nos.253, 254 and 255 admeasuring 1500 sq. yards, Sy.No.66/2, Raidurg Nav Khalsa Village, Serilingampally Mandal, Ranga Reddy District.
The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.
____________________ B. VIJAYSEN REDDY, J December 27, 2023 DSK