Telangana High Court
WP/42552/2015 of Sri Venkatesh Gudipati Vs The State of Telangana, on 30 December 2015
C.V.NAGARJUNA REDDY WRIT PETITION No.42552 of 2015 Date:30.12.2015 Between: Venkatesh Gudipati, S/o Bala Chandraiah Gudipati ..... Petitioner And: The State of Telangana, reptd., by its Principal Secretary, Municipal Administration & Urban Development Department, Hyderabad and four
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HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY
WRIT PETITION No.42552 of 2015
Date:30.12.2015
Between:Venkatesh Gudipati,S/o Bala Chandraiah Gudipati
..... Petitioner
And:
The State of Telangana, reptd., by itsPrincipal Secretary, Municipal Administration& Urban Development Department,Hyderabad and four others.
.....Respondents
Counsel for the Petitioner: Mr. Karri Murali Krishna Counsel for Respondent No.1: AGP for Municipal Admn.(TS)Counsel for Respondent Nos.3 & 4: AGP for Revenue (TS)
The Court made the following:ORDER:
This Writ Petition is filed for a Mandamus to declarethe action of the respondents in not granting permission andapproval for construction of building in respect of PlotNo.1017 in Survey No.44/1 of Matrusri Co-Operative HouseBuilding Society Limited, Miyapur Village, SerilingampallyMandal, Ranga Reddy District, as illegal and arbitrary. Thepetitioner sought for a consequential direction to the respondents to grant the building permission by dulyconsidering his application, dated 26.11.2015.
The petitioner pleaded that the respondents are notprocessing his application for grant of building permissiononly on the ground that in respect of Survey No.44 in whichhis plot is also situated, L.G.C.No.29/06 filed by theRevenue Divisional Officer, Chevella, against M/s MatrusriCo-operative Housing Society is pending before the Special Court constituted under the Land Grabbing(Prohibition) Act, 1982.
The learned Counsel for the petitioner has filed a copyof Order, dated 16.11.2007, in W.P.No.12861 of 2007 of thisCourt, wherein after referring to the common order, dated23.03.2007, in W.P.No.3973 of 2007 and batch passed by aDivision Bench of this Court, it was held as under:
“Having regard to the fact that no injunction issubsisting against the petitioner or the society fromwhom the petitioner had purchased the property, I donot see any jurisdiction for respondent No.1 to rejectthe building permission merely for the reason that aland grabbing case is pending in respect of the land ofwhich the petitioner’s land forms part. In the event theLGC goes against the petitioner and the society, it isalways open to the State to recover the property.”
Mr.Sampath Prabhakar Reddy, learned StandingCounsel for the Greater Hyderabad Municipal Corporation(GHMC), appearing for respondent No.2, has fairlyconceded that following the aforementioned order, thisCourt has allowed similar Writ Petitions.
In the light of the above noted facts, this Writ Petition isallowed in terms of Order, dated 16.11.2007, inW.P.No.12861 of 2007, with the direction that the reasonsand directions contained therein shall form part of this order.As a sequel to disposal of the Writ Petition,WPMP.No.54869 of 2015 is disposed of as infructuous.
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JUSTICE C.V.NAGARJUNA
30[th] December, 2015DR