HONOURABLE SRI JUSTICE G.CHANDRAIAH Dated 07-10-2009 WRIT PETITION No.15188 OF 2009 Between: 1. U.Narsimlu and another. …Petitioner. And: 1. The Station House Officer, Balanagar Police Station, Balanagar Village & Mandal, Mahabubnagar District and others. ……Respondents. HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.15188 OF 2009 This Writ Petition is filed seeking to declare the action of the 1st respondent-Station House Officer in interfering with the construction of house situated in plot No.101 of an extent of 200 Sq.Yards in Sy.No.69 of Balanagar Village and Mandal, Mahabubnagar District, as per the plan and permission granted by the Gram Panchayath, Balanagar Village and Mandal, Mahabubnagar District at the instance of the 2nd respondent, as illegal and violation of principles of natural justice. The case of the petitioner, in brief, is as follows: The petitioner has purchased the plots bearing Nos.101 of an extent of 200 Sq.Yards vide registered sale deed No.1657/02, dated 17-08-2002 and 101 (Part) of an extent of 84.44 Sq.Yards, vide registered sale deed No.5175/2006, dated 20-06-2006 from Syed Javeed Ali, who is the original owner and pattedar of the land in Sy.No.69 of Balanagar village, Mahabubnagar District. The 2nd petitioner, who is his wife, purchased the plot bearing No.102 of an extent of 183 Sq.Yards situated in Sy.No.69 of Balanagar village vide registered sale deed No.3668/06 dated 24-4-2006 from one K.Narayana, who purchased the said plot vide registered sale deed No.1656/02, dated 17-8-2002 from Syed Javeed Ali, who is the original owner and pattedar of the land in Sy.No.69 of Balanagar Village and Mandal, Mahabubnagar District. From the date of purchase of plot Nos.101 and 102, they are in peaceful possession and enjoyment of the same. The petitioner has applied for permission for construction of the house in plot No.101 of an extent of 200 Sq.Yards to the Gram Panchayat, Balanagar, Mahabubnagar District, in the year 2007 and the Gram Panchayat, Balanagar, has granted permission and subsequently, the same has been renewed on 11-6-2009, for the construction of the house as per the plan. While the matter stood thus, when the petitioner has started leveling the plot on 10-07-2009, the 1st respondent-Station House Officer along with his constables came to his plot and asked him to stop the work stating that the 2nd respondent-Executive Engineer has instructed him not to allow the petitioner to construct the house on the ground that the land in Sy.No.69 belongs to the 2nd respondent. On the call of the 1st respondent-Station House Officer, the petitioner went to the Police Station and the 1st respondent-Station House Officer directed him to stop the work. The petitioner informed the 1st respondent-Station House Officer that himself and his wife purchased the plots in Sy.No.69 through the registered sale deeds from the original owner by name Syed Javeed Ali and to that effect, he has shown all the related documents regarding the sale deeds and permission granted by the Gram Panchayat. In spite of that, the 1st respondent has been sending his constables every day to the plot of the petitioner and calling him to the Police station and directing him to stop the work and not allowing the construction of the house. Hence, the Writ Petition. Learned Government Pleader for Home, on written instructions submitted by the 1st respondent-Station House Officer (Sub-Inspector of Police), has submitted that this respondent has never interfered with or stopped construction work at any point of time on 10-7-2009 or any other date in respect of the petitioner’s plot No.101 of an extent of 200 Sq.yards in Sy.No.69 of Balanagar Village and Mandal, Mahabubnagar District. Hence, he seeks to close the Writ Petition. Learned Government Pleader for Roads and Buildings has submitted that as per the instructions of the Department, the land in question belongs to the Government and it was encroached by one Syed Javeed Ali, who made the land into plots and sold away to different persons and consequently the purchasers are making the constructions over the land, which is a Government land and hence, he seeks to close the Writ Petition. Heard the learned counsel for the petitioner, learned Government Pleader for Home and learned Government Pleader for Roads and Buildings and perused the material available on record. The main grievance of the petitioner is that the 1st respondent-Station House Officer is interfering with his construction at the instance the 2nd respondent Executive Engineer by sending the constables to his plot every day and calling the petitioner to the Police Station and not allowing the construction of the house, even though he has shown all the related documents to him, for which the learned Government Pleader for Home has submitted on instructions that the 1st Respondent-Station House Officer (Sub-Inspector of Police) has never interfered with or stopped the construction work of the petitioner at any point of time on 10-7-2009 or any other date and hence, the Writ Petition is not maintainable. The learned Government Pleader for Roads and Buildings has also submitted that as per the records of the Department, the land in question belongs to the Government and hence, the Writ Petition is not maintainable. To substantiate the case of the petitioner, no material has been placed before this Court by the petitioner except making bald averments. In view of the same, no orders need to be passed in this Writ Petition. Hence, this Writ Petition is closed. No order as to costs. ________________________ Justice G.CHANDRAIAH Dated 07-10-2009 Dvs HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.15188 OF 2009 Dated 07-10-2009