Ponnala Sashikanth v. The State Of Telangana Represented By Its Principal

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.38342 OF 2016 DATED : 08.11.2016 Between :

Ponnala Sashikanth S/o.Saranga Reddy, Aged about 37 yrs, Occu : Research Scholar, R/o.H.No.2-9-484, Srinagar Colony, Waddepally, Hanamkonda, Warangal District presently staying in USA represented by his Attorney, Ponnala Srikanth S/o.Saranga Reddy, Aged 41 yrs, R/o.H.No.2-9-484, Srinagar Colony, Waddepally, Hanamkonda, Warangal District.

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Petitioner And The State of Telangana, Rep., by its Principal Secretary, Municipal Administration and Urban Development, Secretariat, Hyderabad & another.

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Respondents This court made the following :

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.38342 of 2016 ORDER :

Alleging building permission application submitted by the petitioner was rejected by memo dated 16.10.2016 on the ground that in the plan submitted by the petitioner, the road affected area is not reflected as per the draft master plan, this writ petition is filed.

2.

It is not in dispute that final notification of the master plan is yet to be issued. Without approved master plan, an objection regarding non-compliance of the parameters of the proposed master plan would not have been raised by the competent authority and in number of decisions, this Court has pointed out such action as illegal. Inspite of the same, the officers continued to raise the same objection.

3.

Since the rejection is not valid in law, the impugned memo is set aside and the respondent-Corporation is directed to consider the application submitted by the petitioner without reference to the said objection and pass appropriate orders, as expeditiously as possible, within a period of three (3) weeks from the date of receipt of copy of this order.

4.

Accordingly, the Writ Petition is allowed. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

__________________ P.NAVEEN RAO,J 8th November, 2016 Note : Issue C.C in one week.

B/o.

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