Vanathadupula Raju v. The State Of Telangana

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No. 25281 OF 2019 O R D E R :

This writ petition is filed challenging the action of the 2nd respondent in not accepting and processing the application of the petitioner for grant of building permission for construction of residential building in Plot No.2, to an extent of 170 Sq.Yards in Sy.No.819/AA, situated at Metpally Municipal Limits, Metpally Mandal, Jagtial District, even though the same does not come under the cut of date of Layout Regularization Scheme, 2015 as per G.O.Ms.No.151, dt.02.11.2015 and for a consequential to the 2nd respondent to consider the application of the petitioner for grant of building permission for construction of residential building in the aforesaid land.

Learned Counsel for the petitioner submits that the lis in the writ petition is squarely covered by order dt.24.10.2017 passed by this Court in WP.No.23191 of 2017.

The same is not disputed by the learned Government Pleader for Municipal Administration.

Learned Special Government Pleader appearing for Advocate General submits that the said order can be passed subject to Rule 2(b) contained in G.O.Ms.No.151, Municipal Administration & Urban Development (M1) Department, dated 02.11.2015.

Learned Counsel for the petitioner submits that the petitioner's vendor's sale deed is prior to the cut of date mentioned in the aforesaid G.O.

Accordingly, the writ petition is disposed of directing the respondent Municipality to accept the application of the petitioner herein for building permission in terms of the Circular Memo No.2252/M1/2017, dated 28.04.2017, issued by the 1st respondent and also subject to Rule 2(b) contained in G.O.Ms.No.151, dated 02.11.2015, and pass appropriate orders, as per law. No order as to costs. As a sequel thereto, miscellaneous petitions, if any pending in the writ petition, shall stand closed.

___________________________ A.RAJASHEKER REDDY, J 20.11.2019 t k.

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No. 25281 of 2019 20.11.2019 tk