Allowed

Vanjari Taraka Raghuveer v. The State of Telangana

Telangana HC5 Nov 2019WP/24202/2019

Case brief

AI extract

What is this about?

This order dismisses a writ petition challenging the rejection of a Layout Regularisation Scheme application. The court held that an efficacious alternative remedy was available under Rule 15 of the Telangana Regularisation of Unapproved and Illegal Layout Rules, 2015, and disposed of the petition granting liberty to avail such appeal.

What did the court decide?

Writ petition disposed with liberty to petitioner to avail the appeal remedy under Rule 15.

Vanjari Taraka Raghuveer Vs The State of… — Pension and Retirement Benefits | Telangana HC (2019)

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THE HON’ BLE SRI JUSTICE CHALLA KODANDA RAM

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WRIT PETITION No.24202 of 2019

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ORDER:

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The petitioner is aggrieved with the Intimation Notice dated 13.07.2018 issued by the 2^nd respondent-Commissioner rejecting his Layout Regularisation Scheme (LRS) application. The reasons stated in the Intimation Notice dated 13.07.2018 are as under:

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“… the proposed site falling in Sites under litigation / disputes regarding ownership of the site, shall not consider for regularization under the rule 2 (c) of G.O.Ms.No.151 MA & UD, Dt: 02.11.2015 under the above side G.O. your application is rejected and the same may be intimated to the applicant.”

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Learned counsel for the petitioner, by referring to Rules 5 to 8 of the G.O.Ms.No.151 dated 02.11.2015 asserts that what all is required to be considered in terms of the said G.O. is that whether the site sought to be regularized attracts any of the restrictions given under Rules 5 to 8 of the G.O.Ms.No.151, dated 02.11.2015.

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Learned counsel further asserts that as there is no shortfall in complying with the Rules 5 to 8 of the G.O.Ms.No.151 dated 02.11.2015, the 2^nd respondent ought not to have rejected the petitioner’s application for LRS.

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Learned Standing Counsel points out that Rule 15 of the G.O.Ms.No.151 dated 02.11.2015 provides for appeal against rejection of LRS application.

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wp_24202_2019 CKR, J

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Having regard to the respective submissions, as any observation with respect to the merits o the matter may prejudice the rights of the parties, and considering that there is an efficacious alternative remedy available in terms of Rule 15 of Telangana Regularisation of Unapproved and Illegal Layout Rules, 2015, the writ petition is disposed of giving liberty to the petitioner to avail the appeal remedy. No costs. Miscellaneous petitions, if any pending, shall stand closed.

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____________________________
CHALLA KODANDA RAM, J
05 th November, 2019
KSM

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wp_24202_2019 CKR, J

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THE HON’ BLE SRI JUSTICE CHALLA KODANDA RAM

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WRIT PETITION No.24202 of 2019

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05^th November, 2019

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KSM

Vanjari Taraka Raghuveer v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Vanjari Taraka Raghuveer v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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