High Court dismissed writ petition challenging grant of construction permissions. Court held relief cannot be granted as petitioner failed to implead beneficiaries of impugned permission despite prior direction.
Writ petition dismissed; no costs awarded.
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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction)
MONDAY, THE EIGTH DAY OF JUNE TWO THOUSAND AND NINE
PRESENT
THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 5507 of 2006
Between:
Ch. Sanker Rao, S/o. Gopal Rao, R/o. H.No. 9-40 (Old), 9-9-29 (New) Ramnagar, Karimnagar, Karimnagar District.
..... PETITIONER
AND
.....RESPONDENT(S)
Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 2 to 4 in granting permission for construction in my land to the third persons who are not having any title or right over my property without any approved layout and even though my application for approving layout dated 24-61994 is pending with the respondents is highly illegal, arbitrary and violative of provisions of A.P. Municipalities Act and also violative of Articles 14, 19, 21 and 300-A of the Constitution of India and also violative of principles of natural justice and consequently direct the respondents 2 to 4 not to grant any permissions for any sort of constructions in the petitioner land admeasuring Ac. 3.00 in Sy.No. 1094/1 of Karimnagar Town in favour of the third persons and to direct the respondent 2 to 4 to consider the petitioner's layout plan and application dated 24-6-1994 and pass such other order or orders in the interest of justice.
Counsel for the Petitioner:MR.G.V.SHIVAJI
Counsel for the Respondent No.: GP FOR MUNCIPAL ADMN. & URBAN DEV.
The Court made the following :
THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No. 5507 of 2006
ORDER:
This writ petition is filed seeking a declaration that the action of respondents 2 to 4 in granting permission for construction to third persons in the land allegedly belonged to the petitioner, as arbitrary and illegal.
This Court, by order dated 28.3.2006, while observing that the petitioner failed to mention the persons, in whose favour the permission for construction was granted, left it open to the petitioner to take the necessary steps to make them parties. However, the petitioner failed to take any steps to implead the persons in whose favour the permission was allegedly granted by the respondents 2 to 4. In the absence of the persons, in whose favour the permission was granted, no relief can be granted to the petitioner as prayed for.
Accordingly, the writ petition is dismissed. No costs.
_______________ Justice G.Rohini
Date:08.06.2009 mrb
3 issues framed by the court
Whether writ petition can be decided and relief granted without impleading the persons who were granted construction permission.
Whether the petitioner's failure to identify and take steps to implead beneficiaries of the impugned permission bars grant of relief.
Whether the declaration sought regarding illegality of actions of respondents 2 to 4 can be granted in absence of respondents 2, 3 and 4.
2 provisions across 2 enactments
Ch. Sanker Rao
The Government of Andhra Pradesh
The Director, Town and Country Planning Municipal Administration
The Regional Joint Director, Town and Country Planning
The Commissioner, Karimnagar Municipality
G.Rohini
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
