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High Court for State of TelanganaWP/7734/2017disposed of no costs

Agape Baptist Church, Rep. By Its Director P. Solomon Raju, v. The State Of Telangana, Rep. By Its Secretary, Municipal

2018-04-16A Ramalingeswara Rao2 pages

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.7734 OF 2017 ORDER:

Heard learned counsel for the petitioner and the learned standing counsel for respondents 2 and 3.

The petitioner is a Church which was established in the year 1989 and the Director of the Church states that they purchased plot Nos.9 and 10 situated in Survey No.66/2 of Mansurabad Village for an extent of 491 square yards under sale deed, dated 24.01.1994. They constructed an RCC building in 1995 and regularly doing prayers in the said structure. While so, Sri Shankar Colony Welfare Association gave 'No Objection Certificate' to the Water Works Department for sanction of Manjeera water connection. They submitted a representation to the District Collector on 23.02.1994 for construction of a Church in plot Nos.9 and 10 and the District Collector, in turn, directed the Mandal Revenue Officer to submit a report with regard to the existence of the Church.

The Deputy Collector and Mandal Revenue Officer, Saroornagar, submitted a report on 29.11.2002 stating that there is a compound wall and RCC building situated in the said plot of land. When the Government issued an order for regularisation of the unauthorised constructions or deviations, the petitioner states that it submitted an application for regularisation of unauthorised construction on 01.03.2016 and paid an amount of Rs.10,000/-. When no orders were passed in the said application, the present writ petition is filed.

The affidavit discloses that the construction was made 21 years ago and they wanted to take advantage of the Government Order seeking applications for regularisation of unauthorised constructions. The petitioner states that the application was filed on 01.03.2016. It is not known whether the application can be filed on the said date as there is no information with

regard to the operation of the said Government Order enabling regularisation of the unauthorised structures. In the circumstances, this writ petition is disposed of directing the respondents 2 and 3 to consider the application of the petitioner if it is filed within the stipulated period and is pending with the second respondent, and pass appropriate orders within a period of three months from the date of receipt of a copy of this order, if no order was passed already. Consequently, miscellaneous petitions, if any pending, in the writ petition shall stand closed.

__________________________ A.RAMALINGESWARA RAO, J 16.04.2018 pln