Goddam Golla Mallesh v. The State Of Telangana,

HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.5092 OF 2015 O R D E R :

This writ petition is filed seeking Writ of Mandamus declaring the action of the respondents 2 and 3 in not granting permission for constructing a compound wall in spite of the petitioner's application dated 21.10.2014 in Sy.No.393, situated at Alwal Village, Malkajgiri Mandal, Ranga Reddy District admeasuring Ac.1.25 guntas, as illegal and arbitrary and for a consequential direction to the respondents to grant permission for construction of compound wall in the above said property.

The case of the petitioner is he is the successor of late Golla Mallaiah and protected tenant of land admeasuring Ac.1.25 guntas in Sy.No.393, situated at Alwal Village, Malkajgiri Mandal, Ranga Reddy District. While so, the petitioner with an intention to protect his land, made an application on 21.10.2014 to the 3rd respondent for grant of permission for construction of the compound wall. Since no orders are passed, the petitioner proceeded with the construction, but the respondents objected the same. Aggrieved by the same, the present writ petition is filed.

Heard the learned counsel for the petitioner. Smt A.Deepthi, learned Standing counsel for the respondent-Corporation submits that the petitioner has not made an application in the proper format along with the approved plan as per Section 428 and 229 of the Greater Hyderabad Municipal Corporation Act, 1955 (for short 'the Act'). In view of the above, it is open for the petitioner to make an application in the proper format along with necessary fee and approved plan. On such application being made by the petitioner, the respondent authorities shall consider the same and pass appropriate orders in accordance with law. With the above direction, the writ petition is disposed of. No costs. As a sequel, miscellaneous petitions, pending, if any shall stand closed.

____________________________ A.RAJASHEKER REDDY, J 27.03.2015 dv