Writ petition seeking direction to prevent interference with construction on purchase plots was dismissed because petitioners admitted no construction permission existed, rendering the case without merit.
Direction to respondents not to interfere with construction activities denied due to absence of construction permission in favour of petitioners.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 2780 of 2019
O R D E R:
Petitioners assert that they purchased plot Nos.75, 74, 66 and 67 in Survey No.112/A of Sai Durga Nagar Phase-II, Chengicherla Village, Medipally Mandal, Malkajgiri District under different agreements of sale, dated 12.09.2016 and 22.09.2016; that their vendors have obtained permission for construction on 30.03.2016 and that while they are undertaking constructions in the subject plots, respondent Nos.6 and 7 are interfering with the same. Hence, the petitioners filed this writ petition seeking to direct respondent Nos.2 to 7 not to interfere with their construction activities.
As can be seen from the permission for construction obtained by the vendors of the petitioners, the construction has to be completed on or before 29.03.2018. It is not the assertion of the petitioners that any extension has been granted thereafter or as on date, any permission has been granted to them in accordance with law. Therefore, this Court is not inclined to pass any order in favour of the petitioners, as, admittedly, the petitioners themselves state that there is no permission granted in their favour.
In those circumstances, there is no merit in the writ petition and it is accordingly dismissed. However, the dismissal of the writ petition does not preclude the petitioners to approach the
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authorities concerned seeking permission to raise construction in the subject plots.
Miscellaneous petitions, if any, pending in this writ petition shall also stand dismissed. There shall be no order as to costs.
CHALLA KODANDA RAM, J Dt:18.02.2019 kdl
1 issue framed by the court
Whether the writ petitioners are entitled to an order directing the respondents not to interfere with construction activities on the condition that no construction permission has been granted or obtai
Petitioners
Respondents 2 to 7
Challa Kodanda Ram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
