In WP No.12106 of 2021 andconnected IA No. 1 of 2021, the High Court disposed of the petition at the stage of admission.
Petitioner directed to submit representation to shortfall notice; officials to consider and pass orders within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
(Special Original Jurisdiction)
TUESDAY,THE TWENTY SECOND DAY OF JUNE TWO THOUSAND AND TWENTY ONE
PRESENT
THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY
WRIT PETITION NO: 12106 OF 2021
Between:
Dokku.Haneesha, W/o. D. KishoreBabu., Aged 32 years, Occ. Business, R/o. FIat.No.501 ,Kridhna sai residency, Hyder Nagar,Kukatpally, Hyderabad, TQ
...PETITIONER
AND
...RES'ONDENTS
Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus, or any other appropriate writ, order or direction, declaring the action of the respondents 2 and 3 in not granting permission on the Petitioner's application No.2/C2110665712021 dated 1410412021 for construction of stilt plus 4 building in the plot No.42, Sy.No.4 li 1 1, Khanamet village, Serilingampally mandal, Ranga Reddy district, as illegal, arbitrary, in violation of principles of natural .1ustice, and u nco nstitutiona I and consequently direct the 2nd and 3rd respondents to take appropriate action on the application No.2/C21l0665712021 dated 1410412021 submitted by the Petitioner for construction of stilt plus 4 building in the plot No.42, Sy.No.41l11, Khanamet village , Serilingampally mandal, Ranga Reddy District.
lA NO: 1 OF 2021
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant interim direction directing the 2nd & 3'd respondents to take appropriate action on the application No.2/C2110665712021 dated 14.04.2021 submitted by the Petitioner for construction of stilt+4 building in the plot No.42, Sy.No.41l11, Khanamet village Serilingampally mandal, Ranga Reddy District, pending disposal of the writpetition.
Counsel for the Petitioner : SRI KONA N.D.V.RAMANA RAO Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT
Counsel for the Respondent Nos.2 & 3: SRI SAMPATH PRABHAKAR REDDY,
SG FOR GHMC
Counsel for the Respondent No.4: GP FOR REVENUE
The Court at the stage of admission made the following: ORDER
THE HON'BLE SRI JUSTICE A.ABHISHEKREDDY
WRIT PETITION No. 12105 of2021
ORDER:
Heard the learned counsel for the petitioner, thelearncd Government Pleader for Municipal Administration & UrbanDeveloPment for respondent No.1, Sri Sampath Prabhakar Reddy, the learned Standing Counsel for GHMC for respondent Nos. 2 and 3 ancl thelearnecl Government Pleader for Revenue for respondent No 4. Withtheir consent, the Writ Petition is disposed of at thestage of admissionitself
Challenging thc action of the respondent Nos. 2 and 3 in not granting permission on the petitioner's application, dated1;1.04.2021for' construction of builclir-rg consisting of stilt+ 4 floors in Plot No.,12, Sv. No. .11/ 11, Khanamet Village, Serilingarnpally Mantlal, Ranga Recldl' District, thrs writ petition is fileci
The learned Standing Counsel, on instructions, has statetl that a shortfall notice has already been issued to the petitioner and that incase the petitioner complies with the shortfalls pointed out by the official respondents and file a representation/ application to that effect, the same will be considered and necessary orders will be passed by the authorities, strictly as per law.
Having regard to the fact that the respondent Nos. 2 and 3 l-rave already issued the shortfall notice, taking objection on the ground that the land in Sy. No. 4"1/"11. of Khanamet Village is Government land, the petitioner is clirected to submit her representation/ explanation to the sairi shortfall notice to the respondents-Corporation, who in turn, sl.rall
2
i
consider the same andpassnecessaryorders thereon,as expeditiouslyas possible, preferably within a periodof four weeksthereafter.A copy of the order that may bepassed by the officialrespondentsshall be communicatecl to the petitioner.It is made clear that the petitionershall rrot make any constructionin the subiectland without obtaining valid Lruilciing pcrmissionfromthe comPetentauthority.
Accordinglv, thc WritPetitionis disposed of.
The rriscellaneous petitionspending, if any, shall stand closecl
' rere shall be no order as to costs
SD/.K.SAILESHI ASSISTANT REGISTRAR //TRUE COPY// l-.SECTION OFFICER
To,
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HIGH COURT
DATEA:2210612021
ORDER
WP.No.12106 ot 2021
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DISPOSING OF THE WP AT THE STAGE OF ADMISSION WITHOUT COSTS
Dokku Haneesha
The State of Telangana, Rep. by its Principal Secretary Municipal Administration and Urban Development Department
The Greater Hyderabad Municipal Corporation, Rep. by its Commissioner
The Chief City Planner, The Greater Hyderabad Municipal Corporation
The District Collector, Ranga Reddy District
A. Abhishek Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
