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High Court for State of TelanganaWP/35517/2016disposed of no costs

Mir Amjad Ali v. The State Of Telangana,

2016-10-21Challa Kodanda Ram2 pages

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 35517 OF 2016 O R D E R :

This Writ Petition is filed seeking a mandamus declaring the action of the 3rd respondent Assistant City Planner in refusing to receive the petitioner's application dated 13.10.2016 for construction of the house in premises bearing Plot No. 129 in Survey No.32, admeasuring 240 square yards situated at Guttala Begumpet Village, Serilingampally Mandal, Ranga Reddy District and also insisting the 'No Objection Certificate' from the 4th respondent as illegal and arbitrary.

Sri Sampath Prabhakar Reddy, learned Standing Counsel for Greater Hyderabad Municipal Corporation submits that the Corporation has not received any application, as alleged by the petitioner, and in fact, as per the procedure contemplated, the application is to be submitted online.

When queried whether the online application contains a column where 'No Objection Certificate' is required to be enclosed, the learned counsel for the petitioner replies in negative. In that view of the matter, this Court is of the opinion that the Writ Petition is a misconceived one. However, it is made clear that this order does not preclude the petitioner from making an application online. Thereafter, while processing the Application, if the Corporation raises any objection and/or insists upon production of 'No Objection Certificate', the petitioner is at liberty

to approach this Court or seek appropriate legal remedy, if he is so advised.

With this, the Writ Petition stands disposed of. No costs. Consequently, the miscellaneous Applications, if any shall also stand disposed of.

____________________________ CHALLA KODANDA RAM, J 21st October 2016 ksld