Sri. M.Lingamaiah v. The State Of Telangana
THE HONOURABLE SRI JUSTICE T.AMARNATH GOUD W.P.No.26155 of 2019 ORDER:
It is the case of the petitioner that he is the owner and possessor of the land to an extent of Ac.2.29 gts in Survey No.47 (part( of Gachibowli Village, Serilingampally Mandal and Municipality, Ranga Reddy District. But the official respondents are trying to issue building permission to the 6th respondent in the said land and that even before the plan sanctioned, the 6th respondent is proceeding with the construction activities.
Aggrieved thereby, the petitioner made representation before the official respondents. Since the respondents have not taken any action on the representation, the present writ petition is filed. It is the case of the 6th respondent that already on 10.05.2018 respondents 2 and 3 issued sanctioned plan in respect of Survey No.53 and that the 6th respondent is going ahead with the construction activity strictly in accordance with the sanctioned plan.
A portion of a copy of master plan issued by the Cyberabad Development Authority (HMD) and placed before this Court, categorically shows the demarcation of Survey Nos.47 and 53. It is seen from the master plan that there is a road and Survey No.46 in between Survey Nos.47 and 53.
Learned standing counsel for the 2nd and 3rd respondent also submitted before this Court that the present writ petition is barred by limitation since representations are made way back in May, 2018, and the permissions are also granted and therefore, the relief sought by the petitioner cannot be entertained. The boundaries are pointed in the sanctioned plan are found Survey
No.53 and hence, the petitioner cannot have any grievance against the 6th respondent.
In view of the above, the writ petition is disposed of directing the 6th respondent to proceed with the construction activity in Survey No.53 only. There shall be no order as to costs. Miscellaneous Petitions, if any, shall stand closed. _______________________ T.AMARNATH GOUD,J Dated 12.12.2019 kvrm