K.Ramadevi v. The State Of Telangana

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No. 38469 of 2018 ORDER:

1) Heard learned counsel for the petitioner and Sri Sampath Prabhakar Reddy, learned Standing counsel appearing for respondent Nos.2 and 5.

2) The present writ petition came to be filed seeking issuance of writ of mandamus declaring the action of respondents in refusing construction permission and approval for the construction of building with stilt +4 upper floors in respect of plot No.1084, admeasuring 300 square yards in Survey No.44/1 of Matrusri Co-operative House Building Society Limited, Miyapur village, Serilingampally mandal, Ranga Reddy District, vide shortfall letter No.1/C21/19269/2018, dated 10.10.2018, as illegal and arbitrary.

3) Though various grounds are raised, learned counsel for the petitioner restricts his prayer seeking a direction to respondent No.5 to deal with the application made by the petitioner vide reference No.1/C21/19269/2018, dated 06.10.2018, in accordance with law. 4) It is to be noted that under similar circumstances this Court, while disposing of W.P.No.14623 of 2018, passed the following order:

"Therefore, for the reasons alike, this Writ Petition is disposed of directing the 2nd respondent to consider the application of the

petitioner for grant of building permission in the subject land within a period of four weeks from the date of receipt of a copy of this order, subject to the petitioner satisfying requirement of Section 428 of the Greater Hyderabad Municipal Corporation Act, 1955 and also subject to the petitioner giving an undertaking that the petitioner would not claim equities or costs of the building construction, in the event LGC No.29 of 2006 being decided against the petitioner, without reference to the letter dated 07.03.2018 of the Commissioner, GHMC, Hyderabad. There shall be no order as to costs".

5) In view of the order passed in W.P.No.14623 of 2018, this writ petition is disposed of directing the 2nd respondent to consider the application dated 06.10.2018, made by the petitioner for grant of building permission in the subject land within a period of four weeks from the date of receipt of a copy of this order, subject to the petitioner satisfying requirement of Section 428 of the Greater Hyderabad Municipal Corporation Act, 1955 and also subject to the petitioner giving an undertaking that the petitioner would not claim equities or costs of the building construction, in the event LGC No.29 of 2006 being decided against the petitioner, without reference to the letter dated 07.03.2018 of the Commissioner, GHMC, Hyderabad.

6) Miscellaneous petitions, pending if any, shall stand closed in the light of this final order. No order as to costs. ______________________________ JUSTICE C. PRAVEEN KUMAR 25.10.2018 vhb