Thigulla Naveen Kumar v. The Greater Hyderabad Municipal Corporation And Another

HONOURABLE SRI JUSTICE P.NAVEEN RAO Between:

Thigulla Naveen Kumar S/o T Narsimha Age 46 years, R/o H No. 5-11-293, Venkateshwara nagar H B Colony, Moulali, Hyderabad .....Petitioner The Greater Hyderabad Municipal Corporation, rep.by its Commissioner and another .....Respondents The Court made the following:

PNR,J W.P.Nos.10813 & 11926 of 2019 HONOURABLE SRI JUSTICE P.NAVEEN RAO ORDER:

In response to the building permission application submitted by the petitioner, he was informed that dispute is pending before this Court on the subject properties and, therefore, building permission cannot be granted. In this case, reference was made to Writ Appeal No.200 of 2014 as pending litigation before this Court.

2.

It is seen from the record, Writ Appeal No.200 of 2014 was dismissed as withdrawn, by order dated 13.08.2018. Thus, the objection raised for processing the building permission application submitted by petitioner is not valid as the Writ Appeal referred to in the said objection is already dismissed. Therefore, the shortfall intimation letter assigning the reason that the Writ Appeal No.200 of 2014 is pending, is illegal. Writ Petition is allowed and the matter is remanded to the respondent-Corporation for consideration of the building permission application submitted by the petitioner without reference to said objection, and to grant building permission, if the building permission application satisfy all the parameters for grant of building permission. Pending miscellaneous petitions shall stand closed.

__________________________ JUSTICE P.NAVEEN RAO tvk

PNR,J W.P.Nos.10813 & 11926 of 2019 HON'BLE SRI JUSTICE P.NAVEEN RAO tvk