Nivee Property Developers Pvt. Ltd v. The State Of Telangana

[3168 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY ,THE TWENTY THIRD DAY OF OCTOBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN WRIT PETITION NO: 29455 OF 2024 Between:

Nivee Property Developers Pvt. Ltd, Plot No.46, No. 8-2-1090, Srinagar Colony, Hyderabad, Telangana - 500073, Rep. by its Authorized Signatory, IMr' E' Manol Reddy'

...pETraoNER AND

1. The State of Telangana, Rep. by its Principal Secretary, Municipal Administration and Urban Development Dept., Secretariat Buildings, Hyderabad.

2. Hyderabad Metropolitan Development Authority, Rep. by its Commissioner, District Commercial Complex, Administrative L-Block, Tarnaka, Hyderabad. ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ or order or direction more in the nature of a writ of mandamus declaring the inaction of Respondents in failing to consider the Petitioners Notice of Completion/Application dated 08.03.2023 seeking issuance of Revision cum Final Layout and Occupancy Certificate as being arbitrary, illegal, in contravention of Telangana Building Rules, 20'12 and in violation of Article 14 and 19 of the Constitution of lndia, 1950 and consequently direct Respondent No.2 to issue the Revision cum Final Layout and Occupancy Certificate to the Petitioner in respect of the Gated Community Villas and pass appropriate orders

IA NO | 1 0F 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pteased to direct Respondent No.2 to forthwith consider petitioners Notice of Completion/Application dated 08.03.2023 and pass appropriate orders Counsel for the Petitioner: SRl. A. VENKATESH SENIOR COUNSEL REP SRI SAI SANJAY SURANENI Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2 : SRI V. NARASIMHA GOUD, SC FOR HMDA The Court made the following: ORDER

THE HON'BLE SRI JUSTICE K.LAKSHMAN WRIT PETITION No.29455 of 2O24 ORDER:

Heard Sri A.Venkatesh learned Senior Counsel representing Sri Sai Sanj ay Suraneni, learned counsel for the petitioner and Sri V.Narasimha Goud, learned Standing counsel appearing for respondent No.2.

2. This Writ Petition is filed to declare the inaction of respondent No.2 in not considering the petitioner's notice of completion/ application dated O8'03.2023 seeking issuance of Revision-cum-Final Layout and Occupancy Certificate, as illegal.

3. The petitioner had submitted a representation dated Oa.O3.2O23 to respondent No.2 with a request to issue Revision-cum-Final layout and also Occupancy Certificate. The petitioner specifically submitted that it has completed the developmental activities strictly in accordance \Mith the permission dated 06.O1.2015 of respondent No.2 and completion certificate was also issued by architecture of the petitioner. Despite receiving and acknowledging the said l il

KL'J W.P.No.294ss of 2o24 representation dated O8.O3.2O23, respondent No.2 did not act upon the same. Aggrieved by the said in action of respondent No.2, the petitioner filed the present Writ Petition. 4.

Whereas Sri V.Narasimha Goud, learned Standing counsel appearing for respondent No.2 on instructions would submit that respondent No.2 will consider the said representation dated O8.O3.2O23 submitted by the petitioner and issue occupancy certificate strictly in accordance with law.

5. It is opt to note that Rule 26 of the Telangana Building Rules, 2012, issued vide G.O.Ms.No.168, MA&UD dated O7.O4.2O12, mandatorily requires respondent No.2 to issue occupancy certificate within i 5 days. Whereas in the representation dated O8.O3.2O23, the petitioner has also sought for Revision-cum-Final layout and occupancy certificate. 6.

In the light of the same, the Writ Petition is disposed of directing respondent No.2 to consider the representation dated 08.03.2023 and issue Revision-cum-Final lay out and Occupancy certificate strictly in accordance with the procedure laid down under law including Rule 26 of the said rule. If respondent No.2 is not inclined to accept the said request of the

-) KL,J W.P.No.29455 oJ 2024 petitioner, it shall pass a reasoned order and communicate the copy of the said order to the petitioner herein. It shall complete the said exercise'within a period of foui weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

Pending miscellaneous petitions, if any, shall stand closed.

SD/.V,KAVITHA ASSISTANT REGIS //TRUE COPY'

SECTION OFFICER To,

1. The Principal Secretary, Municipal Administration and Urban Development Dept., Secretariat Buildings, T.S., Hyderabad.

2. The Commissioner, Hyderabad Metropolitan Development Authority, District Commercial Complex, Administrative L-Block, Tarnaka, Hyderabad.

3. One CC to SRl. SAI SANJAY SURANENI, Advocate [OPUC]

4. One CC to SRl. V. NARASIIMHA GOUD, SC FOR HMDA IOPUCI

5. Two CCs to GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT ,High Court for the State of Telangana, at Hyderabad [OUT]

6. Two CD Copies BM GJP Yr.

t{

I I HIGH COURT DATED:2311012024 1EL4 s * s .r

ORDER

WP.No.29455 of 2024 $ Ho DISPOSING OF THE WRIT PETITION WITHOUT COSTS q-@f* i