Joy Foundation (Regd. No. 123) v. The State Of Telangana, Rep. By Its Principal Secretary,

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY WRIT PETITION No.30007 of 2016 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking a writ of Mandamus declaring the inaction of the third respondent in granting permission for construction of a building for Orphanage, as illegal and arbitrary. 2.

Heard the learned counsel for the petitioner, the learned Government Pleader for Panchayat Raj and Rural Development appearing for respondent Nos.1 and 2, and Sri G.Narender Reddy, the learned Standing Counsel for Gram Panchayat appearing for respondent Nos.3 and 4. 3.

The petitioner purchased an extent of 200 square yards in Survey No.728 at Korremula Village, Ghatkesar Mandal, Ranga Reddy District from a lawful owner under a registered sale deed dated 11.03.2016 with an intention to construct a building for running the Orphanage Home. On 30.07.2016 and 06.09.2016 the petitioner submitted applications to the fourth respondent seeking permission for construction of building consisting of ground and two floors. So far the fourth respondent has not disposed of the said applications of the petitioner.

4.

At the time of arguments, the only relief sought for by the learned counsel for the petitioner is to direct the fourth respondent to consider the application of the petitioner dated 06.09.2016 and pass appropriate orders. The learned Standing Counsel also consented for the same.

5.

In view of the submissions by the learned counsel for both parties, this Court is not inclined to express any opinion touching the merits of the main case.

6.

Having regard to the facts and circumstances of the case and also the submissions made by the learned counsel for both parties, the fourth respondent is hereby directed to consider the application of the petitioner dated 06.09.2016 in the light of the provisions of the Telangana State Panchayat Raj Act, 1994 and the Rules made thereunder, as expeditiously as possible, preferably within a period of one (1) month from the date of receipt of a copy of this order.

7.

With the above direction, the Writ Petition is disposed of. No costs.

8.

Consequently, Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

_________________________ T.SUNIL CHOWDARY, J Date: 22.09.2016 Ivd