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High Court for State of TelanganaWP/16934/2019dismissed no costs

Bodakunti Sudhakar v. The State Of Telangana And Another

2019-08-08P Naveen Rao3 pages

THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.16934 OF 2019 Date: 08.08.2019 Between:

Bodakunti Sudhakar S/o.Late B.Raghavulu, Aged about 33 yrs, Occu : Business, R/o.H.No.1-12-126/9, Vinayaknagar, Srinagar Colony, Nizamabad.

.....Petitioner And The State of Telangana, rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and others.

.....Respondents The Court made the following:

THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.16934 OF 2019 ORDER:

Heard learned counsel for petitioner and learned Government Pleader for Revenue for respondents. 2.

This writ petition is filed by the developer claimed to have been entered into a development agreement with the owners of property described as house bearing Nos.1-8-53 and 1-8-54/A BC admeasuring 11538.88 Square yards situated at Staff Lines i.e., Penderghat Road, Secunderabad Mandal & Hyderabad on 21.08.2005. Petitioner avers that when petitioner wanted to apply for building permission, the municipal authorities advised him to obtain No Objection Certificate (NOC). Accordingly, petitioner applied for NOC on 22.06.2019. But the same is not issued so far. Hence, this writ petition.

3.

A reading of the affidavit and the material placed on record would show that petitioner makes claim based on an unregistered development agreement of the year 2005. No material is placed on record to show that petitioner was authorized to apply for building permission, but applied for building permission and the application is not accepted/rejected on the ground that NOC from the revenue authorities is not produced. No reasons are assigned as to when such application was made and why NOC from revenue authorities is necessary. As per the procedure evolved by the Greater Hyderabad Municipal Corporation (GHMC), all applications for building permission have to be made through online web portal. Apparently, no such application was made and even before such application is made and processed by the GHMC, petitioner comes

out with a plea as if the NOC is required. The cause in the writ petition is pre-mature.

4.

Accordingly, the Writ Petition is dismissed leaving it open to the petitioner to work out his remedies as available in law. Pending miscellaneous petitions, if any, shall stand closed. ___________________ P.NAVEEN RAO, J 8th August, 2019 Rds