Boilla Madhu v. Greater Hyderabad Municipal Corporation

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 20514 of 2019 O R D E R:

In this writ petition, petitioner challenges the shortfall letter dated 25.04.2019 refusing to grant permission for construction of a compound wall around Plot No.1/7 admeasuring 307 square yards in Survey Nos.148 to 155 of MCK Block No.2, Gopalnagar Cooperative House Building Society Limited, Hydernagar Village, Kukatpally GHMC Circle, Kukatpally Mandal, Medchal-Malkajgiri District as the matter has been referred to higher officials for their opinion as per the orders of this Court, dated 07.03.2019 and 21.03.2019 in W.P.Nos.4631 and 6131 of 2019 respectively. Heard learned counsel for the petitioner.

On instructions, learned Standing Counsel for the respondents fairly concedes that the reason mentioned in the shortfall letter can never be the reason for refusal of the permission. He submits that the matter may be remanded to the respondent authorities by setting aside the impugned letter and the same would be reconsidered in accordance with law.

Recording the submission made by the learned Standing Counsel, the writ petition is allowed and the impugned letter is set aside. The respondent authorities are directed to reconsider the application of the petitioner and take a decision thereon in accordance with law and communicate the same to him. This entire

exercise shall be completed within a period of two weeks from the date of receipt of a copy of this order.

Miscellaneous petitions, if any, pending in this writ petition shall also stand disposed of. There shall be no order as to costs. _________________________ CHALLA KODANDA RAM, J Dt:23.09.2019 kdl