Disposed

A.Saritha v. The Greater Hyderabad Municipal Corporation

Telangana HC23 Jul 2013WP/21632/2013

Case brief

AI extract

What is this about?

The Court disposed of two writ petitions challenging rejection of Lay Out Regularisation Scheme Applications. Liberty was granted for an appellate remedy under specific Rules. The writs were disposed of, with pending miscellaneous petitions closed.

What did the court decide?

Liberty granted to petitioners to avail appellate remedy; Writ Petitions disposed of; No order as to costs.

A.Saritha Vs The Greater Hyderabad… — Pension and Retirement Benefits | Telangana HC (2013)

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HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO

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WRIT PETITION Nos.21632 AND 21633 OF 2013

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COMMON ORDER:-

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Both these writ petitions can be disposed of by this common order.

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2. The petitioners in these two cases are challenging the validity of the final notices issued to them by Greater Hyderabad Municipal Corporation rejecting their Lay Out Regularisation Scheme Applications (L.R.S. Applications). They were communicated these rejection orders, pursuant to an order passed by this Court on the previous occasion in the writ petitions instituted by the petitioners herein.

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3. Heard Sri Babuji Tenneti, learned counsel for the petitioners, and Miss. A. Deepthi, learned Standing Counsel for Greater Hyderabad Municipal Corporation.

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4. Learned Standing Counsel would point out that in exercise of the power available under Section 58 of the A.P. Urban Development Act, 1975 read with Section 585 of the Hyderabad Municipal Corporation Act, 1955 and Section 44 of the A.P. Town Planning Act, 1920 as well as Section 326 of the A.P. Municipalities Act, 1965, the Government of Andhra Pradesh framed the A.P. Regulation of Unapproved and Illegal Lay Out Rules, 2007 and notified the same in the A.P. Gazette Extraordinary on 31.12.2007. It is stated that any applicant, who is aggrieved by an order passed by the competent authority in accordance with and in terms of Rule 9 of the aforesaid Rules, has right of appeal to be preferred to the Appellate Committee constituted by the Government within thirty days from the date of receipt of the

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order. It is, therefore, suggested that against the impugned orders in these two writ petitions, an appellate remedy is available to the Appellate Committee, which has been constituted by the State Government. Therefore, liberty is granted to the petitioners herein to avail such an appellate remedy for which purpose, time is granted till 05.08.2013 and if any such appeal is preferred by the respective writ petitioners herein, the same may be entertained and dealt with on merits by the Appellate Committee instead of rejecting only on the ground that the said appeal has been preferred beyond thirty days time limit in view of the fact that the rejection orders have been communicated to the petitioners only after the intervention of this Court on the previous occasion.

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5. Accordingly, both the Writ Petitions stand disposed of. There shall be no order as to costs. Miscellaneous petitions pending, if any, in these Writ Petitions shall stand closed.

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______________________________________ JUSTICE NOOTY RAMAMOHANA RAO

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Date: 23.07.2013 AMD

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HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO

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WRIT PETITION Nos.21632 AND 21633 OF 2013

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DATE: 23.07.2013

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AMD

A.Saritha v. The Greater Hyderabad Municipal Corporation

Case brief

What is this about?

What did the court decide?

A.Saritha v. The Greater Hyderabad Municipal Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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