Sri Gandham Kranti Kumar v. The Greater Hyderabad Municipal Corporation, And Another

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.15050 OF 2019 Date:22.07.2019 Between:

Sri Gandham Kranti Kumar, S/o. G. Manmohan Rao, aged About 30 years, Occ: Pvt. Employee, R/o.H.No.5-105, Balaji Nagar Colony, Nacharam, Keesara Mandal, Medchal-Malkajgiri District .. Petitioner And The Greater Hyderabad Municipal Corporation, Rep., by its Commissioner, Tank Bund, Hyderabad and another .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.15050 OF 2019 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 property and, therefore, building permission cannot be granted. In this case, reference was made to Writ Appeal No.220 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It is seen from the record, Writ Appeal No.200 of 2014 was dismissed as withdrawn by order dated 13.08.2018.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.

3.

The 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 the said objection and to grant building permission, if the building permission application satisfies all the parameters for grant of building permission. Pending miscellaneous petitions shall stand closed.

_____________________ P. NAVEEN RAO, J Date:22.07.2019 KH