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High Court for State of TelanganaWP/15092/2019allowed no costs

Smt.Guda Sunanda Devi And 2 Others v. The State Of Telangana And 3others

2019-08-19P Naveen Rao3 pages

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.15092 OF 2019 Date:19.08.2019 Between:

Smt. Guda Sunanda Devi, W/o. G. Surender Reddy, Aged about 57 years, Occ: House wife, R/o.H.No.1-7-1091, Advocates Colony, Balsamudram, Hanamkonda, Warangal and others .. Petitioners And The State of Telangana, rep., by its Principal Secretary, Municipal Administration and Urban Development, Telangana Secretariat, Opp: Lumbini Park, Hyderabad and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.15092 OF 2019 ORDER:

Heard learned counsel for the petitioners, 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.

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, petitioners application for grant of building permission was rejected by respondent No.2-Corporation on the ground that they did not supply a revised plan showing 150 feet road as indicated in the notified Draft Master Plan and also 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 in File No.3006/18446/W37/2019, dated 01.05.2019, issued by the respondents is set aside. Within four weeks from the date on which the petitioners resubmit their 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 thereunder, take a decision thereupon; and communicate the same to the petitioners.

5.

Accordingly, the Writ Petition is allowed. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. _____________________ P. NAVEEN RAO, J Date:19.08.2019 KH