Mr.Akram Shareef S/O.Late Al-Haj Ahmed Shareef, v. Union Of India, Ministry Of Defence,
HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.20287 of 2016 ORDER:
This writ petition is filed seeking the following relief :- " .....to issue an appropriate Writ, order or direction more especially one in the nature of Writ of Mandamus declaring the communication addressed by the 2nd respondent letter No. 1335/ Land/ Q dated 20.06.2016 as illegal, arbitrary, unconstitutional and strike down the same and consequently direct the respondents not to interfere in any manner with the petitioner's construction and maintenance work being undertaken by the petitioner A.F.Grden Function Hall consisting of ' land to an extent of Ac.36.65 Guntas situated at Survey No.322, Narsingi Village under Narsingi Gram Panchayat, Rajendranagar Mandal, Ranga Reddy District, Telangana State as per the building permission Proceedings No.G.P/ BP.No.80/ 2014-15 dated 17.09.2014 granted by the Narsingi Gram Panchayat ......" .
Heard Sri A.P.Reddy, learned counsel appearing for the petitioner, learned Assistant Solicitor General appearing for respondents 1 and 2 and Sri G.Narender Reddy, learned Standing Counsel appearing for the 3rd respondent.
It has been contended by the petitioner that he has started constructing a Function Hall in Narsingi Village, but the respondents are objecting construction of the said Function Hall on the ground that the Function Hall is closely situated to the defence area and the respondents have issued proceedings dated 20.06.2016 for stopping the construction activity. Challenging the same, the present writ petition is filed.
Learned counsel appearing for the petitioner contended that during pendency of this writ petition, the respondents have issued revised guidelines for issuing 'No Objection Certificate' vide
proceedings dated 25.10.2016, wherein 500 meters distance has been reduced to 100 meters. Therefore, the learned counsel submits that appropriate orders be passed in the writ petition directing the respondents to consider the case of the petitioner in terms of the guidelines issued on 25.10.2016 and pass appropriate orders in accordance with law.
Learned Assistant Solicitor General appearing for the respondents contends that the case of the petitioner would be considered in terms of the guidelines issued on 25.10.2016 and appropriate orders would be passed in accordance with law. This Court, having considered the rival submissions made by the learned counsel for the respective parties, is of the considered view that this writ petition can be disposed of directing the respondents to re-consider the case of the petitioner in terms of the guidelines issued on 25.10.2016 and pass appropriate orders in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.
With the above observations, the writ petition is disposed of. No order as to costs.
Pending miscellaneous petitions, if any, shall stand closed. ____________________________ ABHINAND KUMAR SHAVILI, J Date: 19-02-2020 Prv