Paturi Satish Kumar, v. Statae Of Telangana, Rep By The Principal Secretary

The Hon'ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.38993 of 2015 Dated 01.12.2015 Between:

Paturi Satish Kumar ... Petitioner and State of Telangana rep. by its Prl.Secretary Hyderabad and 4 others.

...Respondents

Counsel for the petitioner: Mr.K.Purushotham Counsel for respondent No.1: GP for Municipal Administration (TS) Counsel for respondent Nos.2 and 5:Mr.Sampath Prabhakar Reddy (name to be shown subject to filing of vakalat in three days) The Court made the following:

O r d e r :

This Writ Petition is filed for a Mandamus to declare the action

of respondent No.5 in issuing Notice, dated 14.09.2015, rejecting the petitioner's application, dated 11.09.2015, for grant of building permission in respect of Plot No.742 in Survey No.44/1 in Matrusri Co-operative Housing Society, Miyapur Village, Serilingampally Mandal, Ranga Reddy District, as illegal and arbitrary.

A perusal of the impugned letter shows that the only ground on which the petitioner's application was rejected was that in respect of Survey No.44 in which the petitioner's plot is also situate, L.G.C.No.29 of 2006 filed by the Revenue Divisional Officer, Chevella, against M/s. Matrusri Co-operative Housing Society is pending before the Special Court constituted under the Land Grabbing (Prohibition) Act, 1982.

At the hearing, the learned Counsel for the petitioner submitted that the subject matter of this Writ Petition is similar to that of W.P.No.36334 of 2015, which was disposed of by this Court by following Order, dated 16.11.2007, in W.P.No.12861 of 2007.

Mr.Sampath Prabhakar Reddy, learned Standing Counsel for the Greater Hyderabad Municipal Corporation (GHMC) appearing for respondent No.4, has fairly conceded that following the Order, dated 16.11.2007, in W.P.No.12861 of 2007, this Court has allowed similar Writ Petitions. In the light of the above noted facts, this Writ Petition is allowed in terms of Order, dated 16.11.2007, in W.P.No.12861 of 2007, with the direction that the reasons and directions contained therein shall form part of this order.

As a sequel, WPMP No.50245 of 2015 filed by the petitioner for interim relief, is disposed of as infructuous. ______________________ (C.V.Nagarjuna Reddy, J) Dt: 1st December, 2015 LUR