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High Court for State of TelanganaWP/11648/2019disposed of no costs

K. Narsaiah, v. The State Of Telangana,

2019-06-13P Naveen Rao3 pages

THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.11648 OF 2019 DATED :13.06.2019 Between :

K. Narsaiah S/o.Late K. Kanakaiah, Aged 61 yrs, Occu : Retd. Employee, R/o.H.No.25-10-219/1, Bapuji Nagar, Kazipet, Hanumakonda Road, Warangal, Warangal District.

..

Petitioner And The State of Telangana, Rep., by its Principal Secretary, Municipal Administration Dept., Secretariat Buildings, Hyderabad & others.

.. Respondents This court made the following :

- 2 - THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.11648 OF 2019 ORDER :

Heard learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development for respondent No.1, Smt Pingali Lakshmi, learned Standing Counsel for respondent Nos.2 to 4 and Sri M.Ajay Kumar, learned Standing Counsel for respondent No.5. 2.

Learned counsel for both sides agreed that this Writ Petition is covered by the order, dated 11.04.2014, in Writ Petition No.10465 of 2014. In view of the same, similar orders can be passed in this case also.

3.

Admittedly, petitioner's application for grant of building permission was rejected by respondent No.2-Corporation on the ground that he did not supply a revised plan showing 200 ft. road as indicated in the notified Draft Master Plan and also he did not give any undertaking to surrender road affected portion. It is not disputed that no final notification is issued and that the Master Plan is still in the draft stage only. Therefore, the Draft Master Plan cannot be said to have come into force. 4.

So, following the order dated 11.04.2014, Intimation letter File No.3006/18335/W34/2019, dated 30.04.2019 issued by the respondents is set aside. Within four weeks from the date on which the petitioner resubmits his application for permission, respondent Nos. 2 to 4 shall consider the same in accordance with law, including the provisions of the Greater Hyderabad Municipal Corporation Act, 1955, the Rules and Byelaws made

- 3 - thereunder, take a decision thereupon; and communicate the same to the petitioner.

5.

Accordingly, the Writ Petition is allowed. Pending miscellaneous petitions, if any, shall stand closed. __________________ P.NAVEEN RAO,J 13th June, 2019 Note :

Issue c.c in three (3) days B/o.

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