IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.14286 of 1998 and WRIT PETITION No.33542 of 1998 WRIT PETITION No.14286 of 1998: Between: 1 Sri Ganesh Temple, Near Railway Station, Secunderabad, rep. by its E.O. & A.C. 2 K. Vasudeva Murthy S/o late K. Narayanachary, Single Trustee, Sri Venkateswara Kalyana Mandapam Society, Sriramnagar, Masabad Tank, Hyderabad. (Petitioner No.2 is impleaded as per Court order, dated 04.07.2008 in W.P.M.P.No.23868/1998) ..... PETITIONERS AND 1 Municipal Corporation of Hyderabad, Rep. by its Commissioner & Special Officer, Hyderabad. 2 The Government of A.P., Rep. by its Principal Secretary to Government , Hyderabad. 3 Md. Shahnoor Khan S/o. Md. Yaseen Road No. 8 Hyderabad. 4 Shaik Abdulla Saddhiqui S/o. Syed Siddi Banjara Hills, Hyderabad. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ, order or direction to the respondent No. 1 not to entertain and grant building permission to either respondents 3 and 4 or any such person or authority. Counsel for the Petitioners: MR.P.BALA KRISHNA MURTHY Counsel for the Respondents 1 and 2: R.RADHA KRISHNA REDDY (SC FOR GHMC, SNC ZONE) WRIT PETITION No.33542 of 1998 Between: 1 Sri Ganesh Temple, Near Railway Station, Secunderabad Rep: by its Executive Officer/Assistant Commissioner, Hyderabad. 2 Sri Venkateshwara Kalyana Mandapam, Rep.by its Single Trustee Sri Vasudeva Murthy, Srirama Nagar Colony, Masab Tank, Hyderabad. ..... PETITIONERS AND 1 The Sub- Registrar, Registration & Stamps Department, Golconda, Opp: Nilofer Hospital, Red Hills, Hyderabad. 2 B.Chandra Reddy, S/o. Pattabi Reddy, H.No. 6-12, Komapally, R.R.Disrict, Hyderabad. 3 Sri Valiuddin Siddiqui, Charminar, Hyderabad Service to the A.P. Government Employees’ Co-Operative House Building Society Ltd, Sriramnagar, Masab Tank, Hyderabad. (R3 dismissed for default vide Court Order dt. 4/4/03) 4 The Municipal Corporation of Hyderabad, rep. by its Commissioner and Special Officer Burgula Ramakrishna Rao Buildings, Hyderabad. 5 The Commissioner and Inspector General of Registration and Stamps, Exhibition Grounds, Hyderabad. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an Appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring that the first respondent in particular or any other Sub-Registrar or any other officer of Registration Department have no jurisdiction or authority to register the endowed property in favour of the 2nd Respondent herein or persons claiming through him to the extent of 2233.33 square yards of survey No. 15/2, situate at Mallepally Village allotted to A.P. Government Employees’ Co-Operative House Building Society Limited with registered No. 21607 and to declare that the Respondent No. 4 Municipal Corporation or its Officers have no jurisdiction or authority to grant Building permission to the 2nd respondent or any other person claiming through him with regard to the 2233.33 square yards of Sy.No.15/2 situated at Mallepalli Village allotted to the A.P. Government Employees’ Co-Operative House Building Society Limited With Registration No. 21607. Counsel for the Petitioners: MR.P.BALA KRISHNA MURTHY Counsel for the Respondent No.4: R.RADHA KRISHNA REDDY (SC FOR GHMC,SNCZONE) Counsel for the Respondent No.1 & 5: GP FOR REVENUE The Court made the following: COMMON ORDER: Since the issue involved in these two writ petitions is one and the same, they are being disposed of by this common order. 2. It is the case of the petitioner temple that the A.P. Government Employees’ Cooperative House Building Society (for short ‘the Society’) has allotted the land in question in its favour for the purpose of construction of Community Hall-cum-Kalyana Mandapam and, thereby, it is in legal occupation of the said land and, therefore, the unofficial respondents are not entitled to seek any permission from the Municipal Corporation for making constructions over the said land and the Municipal Corporation is also not entitled to consider their application for grant of building permission, without their right, title and interest being established by the Civil Court. At the same time, the registering authorities are also not entitled to register any document in favour of third parties executed by the persons who have no right, title and interest over the said land. 3. In support of the case of the petitioner temple, learned counsel for the petitioners produced a copy of the award, dated 16.05.2005, in ARC No.3 of 1999, passed by the Joint Registrar, Cooperative Societies/ District Cooperative Officer, Hyderabad (Urban), under Section 62 (4) of the A.P. Cooperative Societies Act, 1964, wherein it was held that the Society has allotted the land in question for the purpose of construction of Community Hall-cum-Kalyana Mandapam and that the unofficial respondents are not the members of the Society as well as the owners of the said land and, therefore, they were directed not to create any hurdles. 4. No counters have been filed by any of the respondents in the two writ petitions disputing the case of the petitioner temple. 5. Having regard to the facts and circumstances and as no counters have been filed disputing the averments made in both the writ petitions, this court has no other go except to allow the writ petitions. 6. The writ petitions are accordingly allowed. No order as to costs. ___________________ JUSTICE V. ESWARAIAH 4th July, 2008 IBL