J. Siva Kumar v. The State Of Telangana,

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 1781 of 2019 O R D E R:

This writ petition is filed for the following relief: "to issue an appropriate writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondents in refusing construction permission and approval for construction of residential building consisting of stilt plus 4 upper floors in respect of plot No. 595 to the extent of 500 square yards in Survey No.44/1 of Matrusri Cooperative house building society limited, Miyapur Village, Serilingampally Mandal, Ranga Reddy District vide shortfall Lr. No.2/C21/01174/2019 dated 24.01.2019 as illegal arbitrary and contrary to the provisions of the Greater Hyderabad Municipal Corporation Act and issue a consequential direction directing the respondents to grant building permission duly considering the application of the petitioner in reference File No 2/C21/01174/2019, dated 21. 01. 2019."

When the matter is taken up, it is submitted by the learned counsel for the petitioner as well as learned Standing Counsel for respondent Nos. 2 and 5 that the issue raised in the present Writ Petition is squarely covered by the order, dated 15.03.2017, passed by this Court in Writ Petition No.9035 of 2017. Relevant portion of the aforesaid order reads as under: "Following the above orders, this writ petition is disposed of directing respondent Nos.2 and 3 to consider the application of the petitioner for grant of building permission in the subject land within a period of eight (08) weeks from the date of receipt of a copy of this order, subject to satisfying requirement of Section 428 of the Greater Hyderabad Municipal Corporation Act, 1955 and also giving an undertaking that the petitioner would not claim equities or costs of the building construction, in the event LGC has been decided against him, without reference to the letter, dated 31.10.2013, of the Zonal Commissioner, GHMC, Hyderabad".

Following the aforesaid order and for the reasons stated therein, this Writ Petition is also disposed of in terms thereof.

Miscellaneous petitions, if any, pending in this writ petition shall also stand disposed of. There shall be no order as to costs. _________________________ CHALLA KODANDA RAM, J Dt:01.02.2019 kdl