IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION NO.1182 OF 2009 Dt.04.11.2009 Between: The Agricultural Market Committee Bhainsa, Adilabad District, Rep. by its Selection Grade Secretary … Appellant And The Bhainsa Municipality Bhainsa, Adilabad District Rep. by its Commissioner and another … Respondents Counsel for the Appellant: Sri V.V.N. Narayan Rao Counsel for the Respondent No.1: Sri S. Nageswara Reddy Counsel for the Respondent No.2: Sri P. Radhakrishna THE HON’BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT APPEAL NO.1182 OF 2009 JUDGMENT: (per the Hon’ble the Chief Justice Sri Anil R. Dave) Being aggrieved by an order dt.20.8.2009 passed in W.P. No.10066 of 2009, this appeal has been filed by the original petitioner. The appellant was aggrieved by the permission granted to respondent No.2 for putting up a construction in an area admeasuring Ac.1.08 gts., forming part of S.No.343/a/A, situated at Bhainsa, Adilabad District. It was the case of the appellant before the learned Single Judge that respondent No.2 was not full-fledged owner of the property in question and he had made encroachment on the land in question and therefore he should not have been permitted to put up the construction. After hearing the learned Advocates, the learned Single Judge has dismissed the petition by observing that the question with regard to ownership of the land would not by itself prohibit respondent No.1 – Municipality for grant of permission as the Municipality was supposed to look at the prima facie title of respondent No.2. We have heard the learned Advocates and have considered the documents placed before this Court, which had also been placed before the learned Single Judge. One of the documents, which had been placed before the learned Single Judge, is a letter sent by the Assistant Director, Survey and Land Records, Adilabad, addressed to the District Collector, Adilabad, dt.19.1.2001, wherein it has been stated that respondent No.2 had made encroachment on a part of the aforestated land. Upon hearing the learned Advocates and looking to the record placed before us, which had also been placed before the learned Single Judge, we feel that respondent No.1 should have considered all relevant facts before taking a final decision with regard to giving permission for putting up the construction on the land in question. In view of the said fact, we direct the parties to maintain status quo, i.e., respondent No.2 shall not put up further construction. It would be open to the appellant to place on record further material to show that respondent No.2 is not the owner of the land in question and it would also be open to respondent No.2 to show his prima facie title. It would also be open to respondent No.2 to make an application under Section 17(a) of the Andhra Pradesh Survey and Boundaries Act, 1923, for getting his land surveyed. The appellant as well as respondent No.2 shall place on record before respondent No.1 Municipality relevant material within four weeks. Thereafter, respondent No.1 shall reconsider the permission, which has already been granted in favour of respondent No.2, for the aforestated purpose. He shall ascertain whether respondent No.2 has made any encroachment of the land belonging to somebody else inadvertently. It would be open to respondent No.1 Municipality to modify the permission, cancel the permission, or confirm the permission, which has already been granted after considering the relevant material. The competent officer of respondent No.1 – Municipality shall take a final decision in the matter within six weeks. The appeal stands disposed of with no order as to costs. As a sequel to disposal of the Writ Appeal, W.A.M.P. No.2471 of 2009, filed by the appellant for interim relief, is disposed of as infructuous. ______________ ANIL R. DAVE, CJ ______________________ C.V. NAGARJUNA REDDY, J 04.11.2009 bnr