Telangana High Court

WP/26740/2005 of Syed Hussaini S/o Sri Syed Ismail Vs The Municipal Council, Tandur, rep by on 26 December 2005

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B.SESHASAYANA REDDY Writ Petition No. 26740 of 2005 Dated: 26th December, 2005 Between: Syed Hussaini S/o.Sri Syed Ismail, R/o.Plot No.1, Survey No.135, Tandur, R.R.District. ..... PETITIONER AND The Municipal Council, Tandur, rep. by its Commissioner, Tandur, R.R.District. .....RESPONDENT

HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY

Writ Petition No. 26740 of 2005

Dated: 26th December, 2005

Between:

Syed Hussaini S/o.Sri Syed Ismail,

R/o.Plot No.1, Survey No.135, Tandur, R.R.District.

AND

..... PETITIONER

The Municipal Council, Tandur, rep. by its Commissioner, Tandur, R.R.District.

.....RESPONDENT

HONOURABLE SRI JUSTICE B.SESHASAYANA REDDYWrit Petition No.26740 of 2005

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ORDER:

This writ petition has been filed by Syed Hussaini assailing the action of therespondent-Municipal Council, Tandur, in rejecting the building permission forconstruction of a pucca house.

2. It is the case of the petitioner that the government allotted house plotadmeasuring 120 sq. yards comprising Survey No.135 of Tandur village videPatta Certificate No.C/761/92, dated 10.04.1992. He put up small constructionsfor his residence and thereafter he submitted building permission application on 24.11.2005. He also secured ‘No Objection Certificate’ from the MandalRevenue Officer, Tandur. The respondent-Municipal Council rejected thebuilding permission on the ground of the petitioner not placing on record theregistered ownership document.

3. Heard learned counsel appearing for the petitioner and learned StandingCounsel appearing for the respondent.

4. Learned counsel appearing for the petitioner submits that the petitioner wasassigned house plot by the Mandal Revenue Officer, Tandur, on 10.04.1992. Heproduced the patta certificate before the respondent-Municipal Council toconsider his building permission application. The action of the respondent ininsisting the petitioner to produce original registered ownership documentcannot be sustained since the revenue authorities issue patta certificate andnot registered ownership document.

5. The ‘No Objection Certificate’ issued by the Mandal Revenue Officer,Tandur, which has been enclosed to the building permission application, readsas follows:

“On verification of this office record, the house site patta certificate bearingNo.C/761/1992, dated 10.04.1992 issued in the name of Sri Syed HussainS/o.Syed Ismail, R/o.Tandur by this Office in plot No.1 of Sy.No.135, Tanduris genuine one and there is no objection to grant permission for constructionof house over that plot as he intends to take up pacca construction afterdemolishing the present “Shabad Stone’ roofed structure.”

The petitioner enclosed the patta certificate issued by the revenue authorities tohis building permission application. The patta certificate itself is sufficient toshow the ownership of the plot over which the petitioner intends to put upconstructions. The action of the respondent-Municipal Council in insisting thepetitioner to produce registered ownership document cannot be justified.

6. Accordingly, rejection memo bearing ROC No.C/937/05, BA No.101/2005,dated 25.11.205, issued by the respondent-Municipal Council is set aside and the respondent-Municipal Council is directed to consider the buildingpermission application of the petitioner based on the original patta certificateand ‘No Objection Certificate’ placed on record and pass appropriate orderswithin four weeks from the date of receipt of a copy of this Order.

7. Accordingly, the writ petition is disposed of. No costs.

Date: 26[th] December, 2005.

_____________________________

B.SESHASAYANA REDDY, J.

Note:

Issue C.C. within a week.

B/O

cs

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