Mohammed Ghouse v. The State Of Telangana,

The Hon'ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.2967 of 2016 Date: 03.02.2016 Between:

Mohammed Ghouse .. Petitioners and The State of Telangana Municipal Administration & Urban Development Dept., Hyderabad, rep. by its Prl.Secretary and another.

.. Respondents Counsel for the petitioners : Mr.Praveen Kumar Veerjala for Mr.Mohd.Mazhar Ali Counsel for respondent No.1: AGP for Municipal Administration The Court made the following:

O r d e r :

This Writ Petition is filed for the following substantive relief:

"to issue a Writ of Mandamus or any other appropriate writ declaring the inaction of the respondent No.2 not granting the permission to construction of residential house i.e. Ground + First Floor, single bed room etc. of petitioner application dt.07-05-2015 before the respondent No.2 file No.01/453/2015, on plot admeasuring 156 Sq. yards, in Sy.No. 1079, situated at Kashmirgadda locality of Karimnagar town and dist. as illegal, arbitrary and unjust, and contrary to the act, and consequently direct the 2nd respondent herein forthwith grant the permission for construction of residential house i.e. single bed room house pursuant to petitioner application petitioner application dt.07-05-2015 before the respondent No.2 file No.G1/453/2015."

On going through the material, this Court is of the opinion that the Writ Petition is liable to be dismissed on two grounds- Firstly, that certain material facts, which have a bearing on the result of this case, have not been mentioned in Annexure - I;

and Secondly, that though Karimnagar Municipality has become Municipal Corporation, it is described as Municipal Council in the cause title. Hence, the Writ Petition is dismissed with liberty to the petitioner to file a fresh Writ Petition by

rectifying the above defects.

As a sequel to dismissal of the Writ Petition, WPMP.No.3760 of 2016, filed by the petitioner for interim relief, is disposed of as infructuous. ______________________ (C.V.Nagarjuna Reddy, J) Dt: 3rd February, 2016 lur