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High Court for State of TelanganaWP/38926/2016disposed of no costs

Warangal Diocesan Society For Saint Josephs Church v. The State Of Telangana Represented By Its Principal

2016-11-14P Naveen Rao3 pages

HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.38926 of 2016 Date: 14.11.2016 Between:

Warangal Diocesan Society for Saint Joseph's Church, Kazipet, rep.by Fr. M.Ananda Reddy, s/o. Show Reddy, Aged about 53 years, Occu: Prist, R/o.H.No.1-6-94, Main Road, Kazipet, Warangal, Warangal District. .....Petitioner and The State of Telangana, rep.by its Principal Secretary, Municipal Administration and Urban Development, Secretariat, Hyderabad and others.

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

HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.38926 of 2016 ORDER:

Petitioner filed this writ petition contending that the application submitted by petitioner for grant of building permission for construction of Church is rejected by the memo impugned on the ground that the building plan is not in accordance with the draft master plan- 2031 of Warangal town.

2.

Learned counsel for petitioner submits that the master plan is not approved and is only at the stage of draft, and that based on the entries made in the draft master plan, no application for grant of building permission can be rejected. In several decisions, this Court directed consideration of building applications without reference to the draft master plan-2031.

3.

Learned standing counsel do not dispute this position. 4.

Having regard to the same, writ petition is disposed of directing the respondents to consider the application submitted by the petitioner for grant of building permission without reference to the objection raised in the memo impugned i.e., "the proposed site is abutting to existing 150 feet wide road as per the notified master plan-2031 of Warangal Town", subject to fulfillment of all other conditions required. Such process shall be completed as expeditiously as possible, preferably within a period of four weeks from the date of receipt of copy of this order.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed. No costs.

___________________________ JUSTICE P.NAVEEN RAO Date: 14.11.2016 kkm

HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.38926 of 2016 Date: 14.11.2016 kkm