Smt. D. Sujatha, v. The State Of Telangana

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH CASE NO.WRIT PETITION No.33308 of 2014 Between:

Smt. D. Suijatha, W/o. P. Naveen Kumar, Aged about 34 years, Oc: House Wife, R/o. H.No.1-3-62/3H, Sunkulamma Mettu, Gadwal, Mahaboobnagar District.

.. Petitioner AND State of Telangana, Rep. by its Principal Secretary, Municipal Administration, Secretariat, Hyderabad & another .. Respondents DATE OF JUDGMENT PRONOUNCED: 14.07.2015 SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE P.NAVEEN RAO Whether Reporters of Local newspapers may be allowed to see the Judgments?

Yes/No Whether the copies of judgment may be marked to Law Reports/Journals Yes/No Whether Their Ladyship/Lordship wish to see the fair copy of the Judgment?

Yes/No

HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.33308 of 2014 ORDER:

According to the petitioner, she intends to construct a building in the property to an extent of 61 square yards in Survey No.695/A4 and submitted an application for permission on 30.07.2014. The petitioner was intimated that there are certain deficiencies in submission of application and the petitioner was asked to submit the documents mentioned therein. Accordingly, the petitioner submitted the documents as requested through her representation, dated 26.09.2014. Alleging that no further steps are taken in pursuant to the said representation, this writ petition is filed.

2. When the matter is taken up for consideration, the learned Standing Counsel, on instructions, submits that since the subject property is governed by Occupancy rights Certificate and that there was a reference made to the District Collector, the building application could not be processed further.

3. Learned counsel for the petitioner produced a letter bearing No.F2/3059/2014, dated 04.02.2015, addressed by the District Collector, Mahabubnagar, to the Commissioner, Gadwal Municipality, Gadwal, Mahabubnagar (2nd respondent) informing the petitioner that the Revenue Divisional Officer, Gadwal, has validly granted Occupancy Rights Certificate in respect of the subject property in favour of the husband of the petitioner i.e., P. Naveen

Kumar.

4. Having regard to the said submission of the learned counsel for the petitioner, the petitioner is granted liberty to submit a fresh representation enclosing the orders of the District Collector within a period of one (1) week from the date of receipt of a copy of this order and on receipt of such representation, the respondent Municipality shall process the building application submitted by the petitioner along with the re-submission application, dated 26.09.2014, within a period of three (3) weeks from the date of receipt of the further representation.

5. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. _________________ P.NAVEEN RAO, J Date: 14th July, 2015 Note: Issue C.C. in one (1) week.

(B/o.) KL HON'BLE SRI JUSTICE P.NAVEEN RAO

WRIT PETITION No.33308 of 2014 Date: 14th July, 2015 KL