Telangana High Court

WP/29135/2008 of A. Ramesh Kumar Vs Greater Hyderabad Municipal Corporation on 31 December 2008

COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 29135 of 2008 Between: 1 A . Ramesh Kumar S/o. Late Jamnaji R/o. H.No. 14-9-394 to 396,

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND EIGHT

PRESENT

THE HON'BLE MR JUSTICE C.V.RAMULUWRIT PETITION NO : 29135 of 2008

Between:

1 A. Ramesh Kumar S/o. Late Jamnaji

R/o. H.No. 14-9-394 to 396, Chudi Bazar, Hyderabad.

2 A. Erappa S/o. Late Jamnaji

R/o. H.No. 14-9-394 to 396, Chudi Bazar, Hyderabad.

..... PETITIONER(S)

AND

1 Greater Hyderabad Municipal Corporation Rep. by its Commissionerand Special Officer,and Special Officer, Tank Bund Road, Hyderabad.

2 Assistant City Planner, G.H.M.C. Circle No. 5 Sardar Mahar,Charminar, Hyderabad.Charminar, Hyderabad.

.....RESPONDENT(S)

Petition under Article 226 of the constitution of India praying that inthe circumstances stated in the Affidavit filed herein the High Court will bepleased to to issue a writ or writs or directions more particularly one in thenature of writ of Mandamus declaring the action of the respondents ininsisting the writ petitioner to obtain NO OBJECTION CERTIFICATE fromRevenue Department in respect of title of the property which is inexistence over (50) years as condition precedent for grantinjg buildingpermission as arbitrary illegal, and void and consequently direct therespondent to receive and grant forthwith building construction permissionto the property bearing Municipal No. 14-8-170, admeasuring 57 Sq.yards or 47-65 Sq. Mts situated at Chudi Bazar, Hyderabad and passsuch other order or orders Counsel for the Petitioner:MR.G.BHASKAR RAO

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Counsel for the Respondent No.: R.RADHA KRISHNA REDDY(SCFOR GHMC,SNCZONE)

The Court made the following :

THE HON'BLE MR JUSTICE C.V.RAMULU

ORAL ORDER:

The learned counsel appearing on either side fairly conceded thatthe issue involved in this writ petition is squarely covered by the decisionrendered by this Court in W.P.No.12513 of 2008 dated 20.6.2008.

In view of the same, following the above judgment, this writ petitionis disposed of in terms thereof, directing the respondents to receive thebuilding permission application from the petitioner and consider the samein accordance with the provisions of Hyderabad Municipal CorporationAct, 1955 and the Rules framed thereunder. There shall be no order as tocosts.

Date: 31.12.2008

____________

C.V.RAMULU, J

DA

THE HON'BLE MR JUSTICE C.V.RAMULU

W.P.No.29135 of 2008

31.12.2008

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