M/S.New Perfect Builders And Another v. The State Of Telangana. Municipal Admn. And 5 Others

HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.42630 of 2015 Date:30.12.2015 Between:

M/s New Perfect Builders, Hyderabad, reptd by its Managing PartnersG.V.Ramana Reddy, S/o Late Krishna Reddy and another.

..... Petitioners And:

The State of Telangana, reptd., by its Principal Secretary, Municipal Administration & Urban Development Department, Hyderabad and five others.

.....Respondents Counsel for the Petitioners: Mr. Vedula Venkatramana Learned Senior counsel For Mr. S.S.R.Murthy Counsel for Respondent No.1: AGP for Municipal Admn. (TS) Counsel for Respondent Nos.5 & 6: AGP for Revenue (TS) The Court made the following:

ORDER:

This Writ Petition is filed for a Mandamus to declare the action of respondent No.4 in rejecting the petitioner's

application for grant of building permission for Ground + five upper floors in respect of the petitioner's Plot in Survey No.44/1 of Matrusri Co-Operative House Building Society Limited, Miyapur Village, Serilingampally Mandal, Ranga Reddy District, as illegal and arbitrary. The petitioner sought for a consequential direction to the respondents to grant the building permission.

A perusal of rejection letter, dated 05.6.2016, issued by respondent No.4, shows that the only ground on which the petitioner's application was rejected was that in respect of Survey No.44 in which the petitioner's plot is also situated, L.G.C.No.29/06 filed by the Revenue Divisional Officer, Chevella, against M/s Matrusri Cooperative Housing Society is pending before the Special Court constituted under the Land Grabbing (Prohibition) Act, 1982.

The learned Counsel for the petitioner has filed a copy of Order, dated 16.11.2007, in W.P.No.12861 of 2007 of this Court, wherein after referring to the common order, dated 23.03.2007, in W.P.No.3973 of 2007 and batch passed by a Division Bench of this Court, it was held as under: "Having regard to the fact that no injunction is subsisting against the petitioner or the society from whom the petitioner had purchased the property, I do not see any jurisdiction for respondent No.1 to reject the building permission merely for the reason that a land grabbing case is pending in respect of the land of which the petitioner's land forms part. In the event the LGC goes against the petitioner and the society, it is always open to the State to recover the property." Mr.Sampath Prabhakar Reddy, learned Standing Counsel for the Greater Hyderabad Municipal Corporation (GHMC), appearing for respondent No.2-Corporation, has fairly conceded that following the aforementioned order, this Court has allowed similar Writ Petitions.

In the light of the above noted facts, this Writ Petition is allowed in terms of Order, dated 16.11.2007, in W.P.No.12861 of 2007, with the direction that the reasons and directions contained therein shall form part of this order.

As a sequel to disposal of the Writ Petition, WPMP.No.54955 of 2015 is disposed of as infructuous. ____________________________ JUSTICE C.V.NAGARJUNA REDDY 30th December, 2015 DR