Partly allowed

Balaji Nagar Plot Onwers Welfare Association v. The State of Telangana

Telangana HC9 Nov 2021WP/25632/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed by land plot owners seeking a mandatory order to direct the municipality to consider their representation opposing building permissions for a specific plot, staying pending their suits, and directing the respondents to act within three months.

What did the court decide?

Direction to respondent No.2 to consider petitioner's representation dated 16.08.2021, pass appropriate order within 3 months, and put petitioner and respondent No.3 on notice with opportunity of hear

Balaji Nagar Plot Onwers Welfare Association Vs The… — Landlord and Tenant | Telangana HC (2021)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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TUESDAY, THE NINTH DAY OF NOVEMBER

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TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HON'BLE SRI JUSTICE K. LAKSHMAN

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WRIT PETITION NO: 25632 OF 2021

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Between:

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Balaji Nagar Plot Owners Welfare Association, Represented by its President Chirumamilla Madhu S/o.late Kotaiah Gffice at Plot No.33, Sree Rama Hills Colony, Mansoorabad, L.B.Nagar, Hyderabad.

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...pETt,oNER

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AND

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1 The State of Telangana, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, B.R.K.R Bhavan, Hyderabad.

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2 Pedda Amberpet Ir/unicipality, Represented by its Commissioner, Office at Pedda Amberpet, Abdullapurmet mandal, Ranga Reddy District.

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3 Attile Ramchandra kumar, S/o. Late A. Satyanaryana, Aged 46 years, Occ Business, Rl/o.H.No.2-4-26, Snehapuri colony, Nasole, Ranga ":[gFJicJirTS

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Petition under Article 226 ol lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be^pleased to issue a Writ, order, or direction, more particularly one in the nature of WRIT OF MANDAMUS to direct the Respondents No.2 herein i.e Commissioner, Pedda Amberpet municipality to consider the representation dated 1610812021 filed by the petitioner and not to sanction the building permission to the respondent No.3 and his agents in respect of land in Sy.No.143 of Kuntloor village, Abdullapurmet mandal, Ranga Reddy District

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lA NO: 1 OF 2021

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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 direct the respondent No.2 to consider and pass appropriate order on the representations dated 1610812021 filed by me in respect of land in Sy.No.l43 of Kuntloor Kalan village, Abdullapurmet mandal, Ranga Reddy District^pending disposal of the Writ Petition Counsel for the Petitioner: SRI SRIDHAR LONKALA

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Counsel for Respondent No. 1: GP FOR MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT

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Counsel for Respondent No. 2: SRI N. PRAVEEN KUMAR,

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SC FOR MUNICIPALITIES

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Counsel for Respondent No. 3: SRI KOWTURU PAVAN KUMAR

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The Court made the following: ORDER

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THE HO VOURABLE SRI JUSTICE K. LAKSHM,AN

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U RIT PETITION No.25632 of 2O2l

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ORDER:

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Heard S i Sridhar Lonkala, learned counsel for the petitioner, Sri N. Praveen Kumar, learned Standing counsel appearing for t re 2"d respondent and Sri Kowturi Pavan Kumar, learned couosr rl appearing for the 3.1 respondent. With their consent, this u rit petition is disposed of, at the admission stage itself

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This writ petition is filed seeking to declare the action of the responder t Nos.2 in not considering the representation dated 16.08.2( 21 submitted by the petitioner as illegal.

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The pet tioner herein claims to be the registered association co rsisting of 67 plot owners in Sy.No.1,13 of the land admeas uring Ac.5- 13 gts of Kuntluru Village, Abduliapurme Mandal, Ranga Reddy District. The petitioner association he s filed two suits vide O.S.Nos.695 of '2027 and 552 of 2013. According to the learned counsel for the petitioner, the said suits are pending. The petitioner herein had submitte( a representation dated 16.08.202 1 requesting the 2"d respor dent not to grant permission for construction of house in the L nd in Sy.Nos.143 of Kuntluru Village, cluring the pendency of ,he above said suits. Despite receiving and acknorvledging the said representation, the 2nd respondent did not act upon ir . Therefore, the present writ petition

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On the other hand, Sri N. praveen Kumar, .learned Standing counsel appearing for the 2nd respondent would submit that the enure process of obtaining buiiding permission ts online, therefore, the 2nt1 respondent is not in a position to consider the request of the petitioner herein.

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Sri Kowturi pavan Kumar, learned counsel for the 3.d respondent on instructions would submit that the 3d respondent will file his objections along with supporting documents on the claim of the petitioner. He further submits that liberty may be granted to the 3.d respondent to the said effect.

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In view of the above said submissions and considering the specific request of the petitioner in the representation dated 16.08.2021, this writ petition is disposed of directing the 2.d respondent to consider the representation dated 16.0g.202r submitted by the petitioner and pass appropriate orders in accordance with law by putting the petitioner and the 3d respondent on notice and by affording them an opportunity of hearing. The 2"a respondent shall complete the entire exercise within a period of three (03) months from the date of receipt of a copy of this order and shall communicate the said order to the petitioner as well as the 3'd respondent.

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Miscellaneous petitions, if any, pending, shall stand

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closed. No costs.

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ASSISTAi'Y;[SIhESiil //rRUE coPY/' tEcrtoN Y"=*

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To, o'b"'Pet^{Mu ni ci paI itv' orrice at Pedda Ambe rpet'} 1, I[: ffl r#,f :l",ffilii:$: 2. J. ?il:33Ji"',.6.,.lJi[,..,""*ti6liHifl:-'l#LrbanDeveropment'Highcourt 4. 5 HIIgEti:lk""f'lP[:3ffi+5sa?",n:ni,s'J3r'B&t'u'' 6. Two CD^CoPies 7 . One SPare^CoPY MBCt

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HIGH COURT

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DATED: 0911112021

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ORDER

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WP.No.25632 of 2021

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DISPOSING OF THE WRIT PETITION

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WITHOUT COSTS

Balaji Nagar Plot Onwers Welfare Association v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Balaji Nagar Plot Onwers Welfare Association v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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