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High Court for State of TelanganaWP/36068/2016disposed of no costs

Poorna Theatre (Mini) v. State Of Andhra Pradesh

2016-11-01Raja Elango3 pages

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.36068 of 2016 ORDER:

The present writ petition is filed by the petitioner under Article 226 of the Constitution of India, seeking to declare the action of the respondents in not granting permission, basing on the application, dated 11.03.2016, filed by the petitioner, as illegal and arbitrary, and consequently, direct the 2nd respondent to grant permission to the petitioner for construction and screening of the films in the petitioner's theater.

Heard and perused the material available on record. The main grievance of the petitioner is that he made applications to the respondents on 05.10.2015 and on 11.03.2016 with all necessary documents and plan, for grant of permission to construct Poorna Theatre (Mini), but the respondents have not passed any orders either granting or rejecting the permission to the petitioner.

When the matter had come up on the earlier occasion, the matter was directed to be posted for getting instructions from the 2nd respondent. Today when the mater is taken up for hearing, learned Assistant Government Pleader for Home, on instructions, submitted that the permission sought by the petitioner, was already rejected by the authority concerned.

At this stage, learned counsel for the petitioner submitted that the rejection order was not communicated to him till date. In view of the above, this Court is of the view that the writ petition can be disposed of with the following directions:

The 2nd respondent is directed to communicate the order passed by him on the application made by the petitioner, on or before 15.12.2016 to the petitioner. If the petitioner has any grievance on the order passed by the 2nd respondent, he is at liberty to approach the appropriate authority for appropriate relief. With the above directions, the Writ Petition is disposed of. No costs. Consequently, miscellaneous petitions pending, if any, shall stand closed.

______________ RAJA ELANGO, J November 01, 2016.

KTL