G.Amarnath Reddy v. The Greater Hyderabad Municipal Corporation

THE HON'BLE SRI JUSTI CE P.KESHAVA RAO WRI T PETI TI ON No.2502 OF 2020 ORDER:

Heard the learned counsel appearing for the petitioner as well as the learned standing counsel appearing for the respondents Corporation. 2.

The prayer sought in the writ petition is as under: 'For the reasons disclosed in the accompanying affidavit, it is prayed that this Hon'ble Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ or Writs, Order or Direction, declaring the Rejection Letter dated 4.2.2020 in Letter No.2/C21/01695/2020 on the file of 2nd Respondent as illegal and arbitrary and to consequently direct the Respondents to forthwith grant building permission in favour of petitioner in respect of the land admeasuring 1115 sq yds (plot area 932.7 sq m.) forming part of Sy No.41/5 of Khanamet Village, Serilingampally Mandal, Ranga Reddy District for construction of 1 Stilt + 5 Upper Floors as per the application made by petitioner on 27.1.2020; Award costs and pass such other or further orders as are deemed fit and proper in the circumstances of the case.'

3.

When the matter is taken up, it is submitted by the learned standing counsel for the respondents Corporation that the issue raised in the present writ petition is squarely covered by the order dated 23.10.2019 passed by this Court in Writ Petition No.23092 of 2019. Relevant portion of the aforesaid order reads as under: 'As there is an obvious mistake in considering the application of the petitioner, the writ petition is allowed and the impugned Letter is set aside. However, liberty is given to the petitioner to resubmit the application, which shall be processed by the respondents by taking into consideration the amounts paid initially for the purpose of granting building permission. The entire exercise

shall be completed within a period of four weeks from the date of receipt of a copy of this order.'

4.

In those circumstances, following the above said order and for the reasons recorded therein, this writ petition is also allowed in terms thereof. Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.

____________________ JUSTI CE P.KESHAVA RAO Date: 06.02.2020 PGS