J.Venkateshwar Reddy And Another v. The State Of Telangana And Another
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION NO: 608 OF 2020 Between:
1. J.Venkateshwar Reddy, S/o Late Krishna Reddy, Aged about 52 years, Occ. Business, H.No.1-7-70158, Maheswari Nagar, Street No.8, Habsiguda, Hyderabad-O7, Telangana State.
2. Abbati Srinivas Reddy, S/o Buchi Reddy, Aged about 47 yearc, Occ. Pvt Employee, H.No.14-73-2, Subash Nagar,Alair, Nalgonda District, Telangana State.
PETITIONERS AND The State of Telangana, Rep by its Principal Secretary, Municipal Administration and UD (Hl ) Department, Secretariat, Hyderabad. The Commissioner, Boduppal l\,4unicipal Corporation, Boduppal, Rangareddy, Telangana State ..RESPONDENTS Petition under Article 226 o'f the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may 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 in not receiving the building permission application submitted by the petitioner with regard to petitioner property bearing Plot No.75 Western Part admeasuring 1 1 1 Sq.Yds in Sy.No.
101 and 11411 situated at Sairam Nagar, Boduppal Village under Boduppal Municipal Corporation, IMalkajgiri/Ranga reddy District is illegal, arbitrary and unconstitutional, contrary to law and against to principles of natural justice and consequently direct the 2nd Respondent to receive the building permission application and process the same in accordance with law without insisting NOC from the Revenue officials lA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd Respondent to Receive the building permission application and process the same in accordance with law without insisting NOC from the Revenue officials for the Plot No.75 Western Part admeasuring '1 '1 I Sq.Yds in Sy.No.'
l01 and 11411 situated at Sairam Nagar, Boduppal Village under Boduppal Municipal Corporation, Malkajgiri/Ranga reddy District, pending disposal of the writ petition Counsel for the Petitioner: SRI R. A. CHARY Counsel for Respondent No. 'l: GP FOR MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT Counsel for Respondent No. 2: SRI N.
THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 608 of 2O2O
ORDER
Heard learned counsel for the petitioners as well as Sri N. Praveen Kumar, learned Standing Counsel for the 2nd respondent - Corporation.
The case of the petitioners is that they are the absolute owners of the property bearing Plot No. 75, Western Part, admeasuring 111 square yards in Survey Nos. 101 and 774/I situated at Sairam Nagar, Boduppal Village, Malkajgiri / Ranga Reddy District, having acquired the same through a registered sale deed, dated 17.10.2019 and that they desire to make construction of a residential tenement therein. The respondent Municipal Corporation is neither permitting them to make construction nor receiving / processing the Applicati,rn submitted by them, is what the grievance of the petitioners.
Hence, they seek a mandamus Having regard to the limited grievance, without expressing any opinion on the merits of the matter, the Wrlt Petition is disposed of directing the znd respondent to receive the Application of the petitioners seeking permission to raise building and process the same in terms of the provisions of the Telangana Municipalities Act,2019 (Act 11 of 2019), The petitioners are entitled to dispatch the Application in proforma as per the Rules by post / speed post.
entitled to make the construction in the subject property, in conformity with the municipal laws.
Subject to the above, the Writ Petition is disposed of. No costs.
The miscellaneous Applications, if any shall stand closed. Sd/. I. NAGALAKSHMI ASSITANT REGIS //TRUE COPY// SECTION OFFICER To, The Commissioner, Boduppal Municipal Corporation, Boduppal, Rangareddy, Telangana State One CC to Sri R A Chary Advocate IOPUC] Two CCs to GP for Municipal Admlnrstration & Urban Development, High Court for the State of Telangana. [OUT] One CC to Sri N. Praveen Kumar, Advocate (OPUC) Two CD Copies I 1.
2.
3.
4.
5.
IVBC \^-
HIGH COURT DATED: 0510512020 rij t{E $Tr:
:)oo 2 0 HN 2820 a.\:.
ORDER
WP.No.608 of 2020 DISPOSING OF THE WRIT PETITION WITI-IOUT COSTS S\u^' ^ r,.
i.-,'.(fu'-