Telangana High Court
WP/22169/2004 of K. Harisingh S/o Somani Naik Vs The Commissioner Serillingampally Municipality on 31 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO.22169 of 2004 Between: 1 K. Harisingh S/o Somani Naik R/o Bharadwaj Apartments,
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
FRIDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE SRI JUSTICE N.V. RAMANA
WRIT PETITION NO.22169 of 2004
Between:
1 K. Harisingh S/o Somani Naik
R/o Bharadwaj Apartments, Dilsukhngar, Hyderabad 2 Smt. K. Tarabai W/o K. Hari Singh R/o Bharadwaj Apartments, Dilsukhngar, Hyderabad
AND
..... PETITIONERS
The Commissioner, Serilingampally Municipality, Ranga Reddy District
.....RESPONDENT
Petition under Article 226 of the Constitution of India praying that in thecircumstances stated in the affidavit filed herein the High Court may be pleased toissue a Writ of Mandamus or any other appropriate Writ, order or direction, declaringthe action of the respondent in rejecting the application of the petitioners forconstruction of a residential house in proceedings Lr. No. G/628/BP/810/2003 dated7.1.2004 as illegal, arbitrary, discriminatory and violative of Article 14 of theConstitution of India and contrary to Section 209 of Municipalities Act and the Rulesmade thereunder and consequently direct the respondent to reconsider theapplication submitted by the petitioners on par with similarly situated persons.
Counsel for the Petitioners: MR.N.SUBBA RAO
Counsel for the Respondent: MR.POLISETTI RADHAKRISHNA
The Court, at the admission stage, made the following:
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ORDER:
The petitioners claim to be owners and possessors of Plot Nos.7 and 8 situated inSurvey No.211 of Madinaguda village, Serilingampally Municipality, havingpurchased the same under registered sale deeds dated 21.12.1988. It is stated thatthe petitioners made an application dated 26.12.2003 to the respondent-Municipalityby paying Rs.17,210/- towards necessary fees to accord permission for constructionof a residential building, but the same was rejected by the respondent-Municipalityunder the impugned proceedings dated 07.01.2004. The grievance of the petitionersis that immediately after receipt of said rejection order dated 07.01.2004, they againsubmitted applications dated 12.01.2004 and 26.07.2004 to the respondent-Municipality seeking to reconsider the issue, but the respondent-Municipality neitherconsidered nor rejected the same. Hence, they filed the present writ petition.
Heard the learned counsel for petitioners and learned Standing Counsel forrespondent-Municipality.
When the matter taken up for hearing, learned Standing Counsel for respondent-Municipality submitted and admitted to by the learned counsel for the petitioners thatthe relief sought for by the petitioners in this writ petition was already complied withby the respondent-Municipality by granting construction permission to the petitionersvide Proceedings No.G/628/BP/810/2003, dated 29.12.2004. A copy of the saidproceedings is also produced before this Court. In that view of the matter, no furtherorders need to be passed in this writ petition.
Accordingly, the writ petition is closed at the admission stage. No costs.
SD/- P.V.RADHAKRISHNA RAOASSISTANT REGISTRAR
// TRUE COPY //
SECTION OFFICER
To
1. The Commissioner, Serilingampally Municipality, Ranga Reddy District
2. Two CD copies.
3. One CC to Mr. Polisetti Rachakrishna, Advocate. (OPUC)
4. One CC to Mr. N. Subba Rao, Advocate. (OPUC)
P.M.
Dated: 31-12-2004
ORDER
WP.NO. 22169 OF 2004
Closing of the WP
At the admission stage.