Writ petition filed regarding non-entertainment of building application for a hospital. High Court disposed of the petition at the stage of admission, granting liberty to submit the application offline within two weeks.
Writ petition disposed of at admission stage; liberty granted to submit building application within two weeks.
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
MONDAY ,THE TWENTY FIFTH DAY OF OCTOBER TWO THOUSAND AND TWENTY ONE
PRESENT
THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY
WRIT PETITION NO:12549 OF 2021
Between:
Dr. K.B. Chandra lr,4ouli, S/O Late Konijeti Mallaiah Gupta, Aged about 75 years, Occ. Medical Doctor, No.13-6-4451N1, Gudimalkapur, Pillar No. 86, PVNR Expressway, Ring Road, after Mehdipatnam, Hyderabad
...'ET'T'ONER
AND
? Zonal Commissioner, Central Zone-Khairtaba d Zone, Greater Hyderabad l,4unicipal Corporation, Hyderabad.
...RESpONDENTS
Petition under Article 226 ot the Constitution oflndia praying that in the circumstances stated in the affidavit filed therewith, theHigh Court may be pleased to issue a writ of Mandamus or any other appropriatewrit or order or direction declaring that the action of the respondentcorporation in not receivingand entertaining the building application of thePetitionerand granting the Building Permission to the Petitioner enabling construction of aMulti-SpecialityHospital Building consisting of two cellars,ground plus 11 floors, inpremises No.13-6-445/A/1 , Gudimalkapur, Pillar No.86, PVNR Expressway,Ring Road, after Mehdipatnam, Hyderabad., on theground that itis aresidentiala realreside ntiaI zone, is arbitrary, irrational and unjust and consequentlydirect the respondentsto forthwith grant the constructionpermission to thepetitioner subjectto the levy and payment of the extant building fee and other requisites so as to enable thepetitioner to construct and complete the hospital within Sixto nine months for the welfareand well-being of the public at large andgrant.
lA NO: 1 OF 2021
Petition under Section 151 CPCpraying thatin the circumstancesstated in the affidavit filed in support of thepetition, theHigh Court may be pleased to direct the Respondents to receive the building applicationof the Petitioner being madefor the purpose of construction of amulti-Speciality hospitalinpremises No13-6-445/A/1 , Gudimalkapur, Pillar No. 86, PVNRExpressway, Ring Road, after
Mehdipatnam, Hyderabad. in accordance with the extant buildingrules and subject to due payment of the building fee and other ancillaryfee/levyin accordancewith
law, forthwith, pending disposal of the writpetition.
Counsel for the Petitioner : SRI PRABHAKAR PERI Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISiTRATIONAND URABAN DEVELOPMENT
Counsel for the Respondent Nos.2 to 5: SRI N. ASHOK KUMAR,SC FOR GHMC Counsel for the Respondent No.6: SRI Y. RAMA RAO, SCFOR FiMDA
The Court made the following: ORDER
!
THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY ITRIT PETITION No.12549 of 2021
ORDER:
Heard the learned counsel for the petitioner, the learned Covernment Pleader for Municipal Administration and Urban Developrnent for respondent No.1, Sri N. Ashok Kumar, the learned Stancling Cou nsel f or GHMC for respondent Nos.2 to 5, and Sri Y. Rama Rao, the learnecl Standing Counsel for HMDA for' respondent No.6. With their consent, the Writ Petition is disposed of at tlre stage of aclrnission itself,
Aggrieved by the inaction of the respondent - Corporation in receiving and entertaining the application of the petitioner for grant of building permission, the present writ petition is filed.
The learned Standing Counsel, on inshuctions, has stated that as pel the new rules, the petitioner has to submit the application for building permission through ofiline mode only, and in case the potitioner files arry such applicatiorr, the respondent Corporation w,ill plocess the same and pass necessary orders
In view of the above made subtnission, the writpetition is disposed of granting liberty to the petitioner tosubrnit the application fol building Permission throughonline withrn a Period of two weeks from the date of receiPtof a copyof this order, and on such application being made,the comPetent authorityshall process the same and pass necessary ordersthereon,strictlyin accordance
with law, as expeditiously as possible, preferably, within a periocl of
eight weeks thereof.
The miscellaneous petitions pending, if any, shall stand
closed. There shall be no order as to costs.
HIGH COURT
DATED:2511012021
ORDER
WP.No.12549 ol 2021
J\a tl.iE srA 14. 1
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DISPOSING OF THE WP WITHOUT COSTS
?-<br>
Dr. K.B. Chandra
State of Telangana
Greater Hyderabad Municipal Corporation
Hyderabad Metropolitan Development Authority
A. Abhishek Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
