Smt. M.Kamalabai, W/O M.Balram v. The State Of Telangana

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.9953 of 2016 ORDER:

Heard Sri P. Shiv Kumar, learned counsel for the petitioner, and Sri Chatla Madhu, learned Standing Counsel for the second respondent - Greater Hyderabad Municipal Corporation. The prayer of the petitioner in this case is as under: "to issue a Writ, Order or Direction more particularly one in the nature of "WRIT OF MANDAMUS" directing the Respondent No.2 to consider and dispose of petitioner's revised building application and plan dated 06.02.2014 for construction of 4th floor consisting of an extra FSI admeasuring 1054.62 sft. As per the directions of the 1st Respondent Vide memo No.2680/M1/2014 dated 24.09.2014 and also in terms of G.O.Ms.No.168 dated 07.04.2012 in the interest of justice." Under the Memo dated 24.09.

2014, the Additional Director, Municipal Administration and Urban Development (M1) Department, Government of Telangana, requested the Commissioner, Greater Hyderabad Municipal Corporation to examine the matter and take necessary action in the context of relaxation of the bye laws in view of surrender of land by the petitioner towards road widening. Sri P. Shiv Kumar, learned counsel, would further contend that in terms of G.O.Ms.No.168 dated 07.04.2012, the petitioner would be entitled to seek relief.

In that view of the matter, as the authority concerned is yet to apply its mind to the petitioner's revised building application and plan, the writ petition is disposed of directing the municipal authorities concerned to consider the said application in terms of the Memo dated 24.09.2014 and G.O.Ms.No.168 dated 07.04.2012 and take appropriate decision in the matter. In the event the petitioner's request is rejected, the reasons therefor shall be duly be recorded and communicated to her. This exercise shall be completed expeditiously and in any event, not later than four weeks from the date of receipt of a

copy of this order.

Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. ____________________ JUSTICE SANJAY KUMAR Date:29.03.2016 GJ