Avanoori Sharath Kumar v. The State Of Telangana

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.38416 OF 2018 DATED :25.10.2018 Between :

Avanoori Sharath Kumar S/o.Avanoori Manohar Rao, Aged about 50 yrs, Occu : Business, R/o.H.No.14-19/1, P & T Colony, Dilsukhnagar, Hyderabad ..

Petitioner And The State of Telangana, Rep., by the Principal Secretary, Department of Panchayat Raj & Rural Development, Secretariat, Hyderabad & another.

.. Respondents This court made the following :

- 2 - THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.38416 OF 2018 ORDER :

Heard learned counsel for the petitioner, learned Government Pleader for Panchayat Raj for respondent No. 1 and learned Standing counsel for respondent No.2. 2.

Petitioner claims to be the owner and in possession of open plot admeasuring 267 Square yards in Avanoor Village, Mustabad Mandal, Rajanna Siricilla District, which was gifted to him by his father. Petitioner submits that he has applied for building permission. But permission is not granted and alleging inaction this writ petition is filed.

3.

The material on record would disclose that no building permission application is submitted by the petitioner, but only made a representation to grant building permission. As the Andhra Pradesh Gram Panchayat Land Development (Lay Out & Building) Rules, 2002 (for short 'the Rules, 2002') notified vide G.O.Ms.No.67 dated 26.02.2002 requires application to be submitted in prescribed form i.e., Annexure-III, then only the application can be processed by the competent authority. As no such application is filed, it cannot be said that the competent authority is negligent in processing the application to grant building permission. Writ Petition merits no consideration. 4.

Accordingly, the Writ Petition is dismissed. However, it is open to the petitioner to apply for the building permission as

- 3 - required by the Rules, 2002. Pending miscellaneous petitions shall stand closed.

__________________ P.NAVEEN RAO,J 25th October, 2018 Rds