High Court for State of TelanganaWP/37283/2017disposed of no costs

Padma Nagar Phase Ii Residents, Hyderabad v. The State Of Telangana, Hyderabad And 7 Others

2018-04-27A Ramalingeswara Rao2 pages

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.37283 OF 2017 ORDER:

Heard learned Senior Counsel Sri P.Veera Reddy for the petitioner, learned Senior Counsel Sri S.Satyam Reddy for the eighth respondent and Sri Chatla Madhu for the fifth respondent. This writ petition was filed challenging the proceedings, dated 28.04.2017, of the second respondent and the construction permission granted by the fifth respondent on 22.09.2017 in favour of the eighth respondent to construct a church in the residential locality of Padma Nagar Phase-II Colony, situated at Quthbullapur, Medhal/Malkajgiri District.

Learned senior counsel for the petitioner raised several contentions challenging the construction permission, whereas the learned senior counsel for the eighth respondent submitted that there is a mosque and temple in the locality and there cannot be any objection for establishment of a Church, for which permission was already granted. But the contentions raised by the learned senior counsel requires examination of factual as well as legal aspects, which this Court is not inclined to undertake in view of the existence of Section 679 of the Hyderabad Municipal Corporation Act and this Court feels that the first respondent would be appropriate authority for considering all these objections. In view of the same, liberty is given to the petitioner to approach the first respondent by invoking Section 679 of the Hyderabad Municipal Corporation Act, within a period of thirty days from the date of receipt of a copy of this order and the status quo prevailing as on today with regard to the structures raised by the eighth respondent shall be maintained for the a period of thirty days.

The writ petition is accordingly disposed of. Consequently, miscellaneous petitions, if any pending, in the writ petition shall stand closed.

__________________________ A.RAMALINGESWARA RAO, J 27.04.2018 Note: Issue Order Copy by 02.05.2018.

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