Dismissed

Boddu Sadesh v. The State of Telangana and 3 others

Telangana HC29 Nov 2021WP/30806/2021

Case brief

AI extract

What is this about?

The Writ Petitioner challenged the inaction in granting construction permission for his house. The Court held that post-2018 Act mandates online application. The Court directed the petitioner to apply online and remanded for consideration.

What did the court decide?

Directed petitioner to make online application with documents and fee; respondents to consider the same and pass orders.

Boddu Sadesh Vs The State of Telangana and 3… — Municipal and Town Planning | Telangana HC (2021)

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

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MONDAY, THE TWENTY NINTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HON'BLE SRIJUSTICE T.VINOD KUMAR

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wRtT PETITION NO. 30806 0F 2021

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Between:

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Boddu Sadesh, S/o. Boddu Ramulu, aged 33 years Occ. Agriculture, Fl/o H No. 'l-1 7/5, Kothur Village, lvlulugu Mandal Siddipet District ..,PETITIONER

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AND 1 The State of Telangana, Rep by its Principal Secretary, Panchayat Raj Department Secretariat, Hyderabad 2. The District Collector, (Panchayat Raj Wing) Siddipet District at Siddipet. 3. The District Panchayat Officer, Siddipet, Siddipet District 4. Kothur Grampanchayat, Rep. by its Panchayath Secretary Kothur village and Grampanchayat lVulugu lvlandal, Siddipet District

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...RESPONDENTS

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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 pleasbd to issue a Writ, Order or direction more in the nature of lvlandamus, declaring the action of the 4th respondent in not granting the construction permission to the petitioner house bearing H No.^'1-53 (Old), 1-7 (New) situated at Kothur Village, lt/ulugu Mandal, Siddipet District without considering the construction permission application of the petitioner dated 23.09.2021 along with Annexure-G and H and Plan, after receipt of the same till date not passed any construction permission by the 4th respondent is highly illegal, arbitrary against the principles of natural^justice and also violative of Articles 14, 19,21 and 300-4 of Constitution of lndia and consequently direct the 4th respondent to grant construction^permission to the petitioner immediately by considering the application along with plan in the interest of justice.

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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 respondents particularly 4th respondent to^grant construction^permission to the petitioner by consideration the application dated 23.09.2021 along with Annexure G&H and Plan in connection with the^petitioner house bearing No. H No. 1-53^(Old), 1-7 (New) situated at Kothur Village, Mulugu ltlandal, Siddipet District, pending disposal of the main writ petition.

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Counsel for the Petitioner: SRI JETTY ANJANEYULU Counsel for the Respondent Nos.1 to 3: GP FOR PANCHAYAT RAJ AND

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RURAL DEVELOPMENT

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Counsel for the Respondent No.4:

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S.C. FOR GPP/MPP/ZPP

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The Court made the following: ORDER

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THE T ON'BLE SRI JUSTICE T. VINOD KUMAR

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Writ Petition No.3O 806 of 2O2],,

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ORDER:

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This Wrir Petition is liled questioning the inaction of the respondents ir considering the application submitted by the petitioner seekirrg permission for construction ol a house bearing H.No.1-53 (old) 1-7(new), situated at Kothur Village, Mulugu Mandal, Siddipe, t District.

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Heard It arned counsel for the petitioner, learned Government Ple rder for^panchayat Raj appearing for respondents 1 to 3, and a so on behalf of the learned Standing Counsel appearing for 4d respondent

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When the rbove writ petition is taken up for hearing, learned counsel for the respondents submits that subsequent to the Telangana Panclrayat Raj Act, 20 18 (for short,^,the Act) coming into force, the a: rplication for grant of permission for construction even in the Grar r Panchayat need to be made online by enclosing relevant documt nts and paying the prescribed fee thereunder. Upon making sr ch application, the respondents would consider the same and g rant necessary approval or reject the same by recording reasonri.

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In view of t te facts of the present case, though the petitioner is stated to have submitted application d.ated. 25.Og.202 1 seeking permission for , onstruction of a house, the same is not in accordance with t he mandate contemplated under the Act.

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Having re lard to the above saicl submissions and considering the r randate that the application seeking permission lor construction c. house has to be made through online, petitioner

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is directed to make an application through online, enclosing necessary documents and by paying requisite fee. Upon such application being made, the respondents shall consider the same and pass appropriate orders in accordance with 1aw.

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Subject to the above directions, this Writ Petition is disposed

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of. There shall be no order as to costs.

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7 . Consequently, miscellaneous petitions, if any, pending shall

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stand closed.

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SD/-T. KRISHNA KUMAR ASSISTANT R GISTRAR

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//TRUE COPY//

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SECTION FFICER

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To, 1. The Principal Secretary,^{PanchayatRaj Department, State of Telangana,} Secretariat. Hvderabad

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ihe District Collector,^{(PanchayatRaj Wing) Siddipet District at Siddipet}

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The District Panchayat^{Officer, Siddipet, SiddipetDistrict.} +. fhe^- PinCnayath^{'Secretary Ko,tliur village and Grampanchayat,Kothur} G ra m^pa n c^h a^y-a t,^{tv'luI ug} u^{Ma n d a l, S i d di p e t} .D-i^stric-t. 5. One CC to Sii Jetty^{Anlaneyulu, Advocate} [OPU-C]

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6: i*o CCs to OC^{for pinch'ayat Raj and Rural D6velopment,High Court for the} State of Telangana at^Hyderabad. [OUT]

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One CC to Sri"G. Narender^{Reddy,-S.C. for GPP/MPP/ZPP (OPUC)} B. Two CD Copies. 9. One Spare Copy.

MP LS

HIGH COURT

DATED:29111121t21

ORDER

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WP.No.30806 c f 2021

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DISPOSING O = THE WRIT PETITION WITHOUT CO:iTS

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Boddu Sadesh v. The State of Telangana and 3 others

Case brief

What is this about?

What did the court decide?

Boddu Sadesh v. The State of Telangana and 3 others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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