Sri K. Ranjith Reddy v. The State Of Telangana
HONOURABLE SRI JUSTICE P.NAVEEN RAO Between:
Sri K.Ranjith Reddy s/o. K.Janardhan Reddy, Aged about 33 years, occu: Private Employee, R/o. H.No.2-8-512, Srinagar Colony, Hanumakonda, Warangal Urban District, Telangana State.
.....Petitioner and The State of Telangana, rep.by its Principal Secretary, Municipal Administration, Secretariat, Hyderabad and two others.
.....Respondents The Court made the following:
HONOURABLE SRI JUSTICE P.NAVEEN RAO ORDER:
Building permission application dated 19.04.2019 submitted by the petitioner was returned by proceedings dated 30.04.2019. The reason assigned in the remarks column against Sl.Nos.3 would indicate that petitioner did not enclose the gift deed as the proposed site is abutting to the existing 100 feet wide road, which is proposed to be widened to 150 feet as per the draft master plan. Petitioner challenges the said objection in this Writ Petition. 2.
Learned counsel for petitioner places reliance on the earlier decision of this Court, wherein this Court has taken the view that based on draft master plan for widening the existing road before its approval, the Corporation cannot insist to reflect road effected area.
3.
Learned standing counsel also agrees that matter is covered by the earlier decision to that extent.
4.
Following the earlier order dated 11.04.2014 in W.P.No.10465 of 2014, the insistence to produce gift deed as per the notified draft master plan is held as not valid, and the respondents are directed to consider the application of petitioner for permission to construct residential building in the subject property without insisting to submit the gift deed as per the draft master plan, and the endorsement dated 30.04.2019 is set aside. Within four weeks from the date on which the petitioner resubmits his application for permission along with documents required, respondents shall consider the same in accordance with law
including the provisions of the Greater Hyderabad Municipal Corporation Act, 1955, the Rules and Bye-laws made there under, and take a decision and communicate the same to the petitioner. 5.
Writ Petition is accordingly disposed of.
Pending miscellaneous petitions shall stand closed.
___________________________ JUSTICE P.NAVEEN RAO kkm
HON'BLE SRI JUSTICE P.NAVEEN RAO kkm