Boini Pochaiah v. The State Of Telangana

THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.28253 OF 2019 DATED : 19.12.2019 Between :

Boini Pochaiah S/o.Sathaiah, Aged 48 yrs, Occu : Agriculture, R/o.Avusapally Village, Ghanpur Mandal, Medak District.

.. Petitioner And The State of Telangana, Rep., by its Principal Secretary Revenue, Secretariat building, Hyderabad & others.

.. Respondents This court made the following :

- 2 - THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.28253 OF 2019 ORDER :

Heard learned counsel for the petitioner, learned Government Pleader for Revenue for respondents 1 to 4 and Sri N.Praveen Kumar, learned Standing Counsel for Respondent No.5. 2.

This Writ Petition is filed alleging that the Tahsildar4th respondent is threatening to demolish the semi-finished house constructed by the petitioner on land to an extent of 132 Square yards in Sy.No.78 of Aurangabad Village, Ghanpur Mandal, Medak District. Petitioner placed reliance on the ownership certificate granted to him on 28.02.2013 and building permission granted by the Gram Panchayat on 28.03.2018. However, subsequently, the Gram Panchayat was upgraded and merged into Medak Municipality. In view thereof, petitioner sought for permission for continuation of construction. The 5th respondent advised the petitioner to apply for building permission online and accordingly on 07.12.2019 petitioner applied for building permission. The earlier building permission granted by the Gram Panchayat has expired in March, 2019 and as of now, no building permission is granted.

3.

According to learned Standing Counsel for the Medak Municipality-5th respondent, building permission application is being processed.

4.

In view thereof, the Commissioner-Medak Municipality-5th respondent is directed to process the building permission application of the petitioner as expeditiously as possible. The

- 3 - revenue authorities shall also verify and take appropriate course of action, as warranted by law against petitioner, if he is in occupation of an unassigned land or has violated terms of certificate granted to him. Till a decision is taken in accordance with law, petitioner shall not undertake further construction, and the respondents shall not demolish the constructions made, if not already demolished.

5.

With the above directions, the Writ Petition is disposed of. Pending miscellaneous petitions, if any, shall stand closed. __________________ P.NAVEEN RAO,J 19th December, 2019 Note :

Issue c.c. by 24.12.2019 B/o.

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