Writ petition challenging rejection of building permission. Court held rejection lacked reasoned basis regarding pending suit and environmental clearances, setting aside impugned order for refund.
Impugned order dated 11.02.2020 set aside; Respondents to issue notice allowing explanation; Municipality to pass appropriate orders within three 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 SIXTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO: 3011 OF 2020
Betwee n :
Brungi Surender, S/o Late Narayana,Aged about45 years,Occ. Business, R/o H.No.6-1-341312, Suryapet Road, Jangaon,JangaonDist,Telangana State.
...PETITIONER
AND
(R.3 is impleaded as per Court Order dt.15-O3-2021 in lA No.3/2020)
...RESPONDENTS
Petition under Article 226 ol the Constitution of lndiapraying that in the circumstances stated in the affidavit filed therewith, theHigh Court maybe pleased to issue a Writ, order or direction more particularly one in the nature of WRIT OF MANDATMUS, declaring the Proceedings ROC No.G1117812019-2020 dated 11-2-2020 issued by the 2nd respondentwithoutconsideringthe orders of this Honble Court in WP.No.3659 and 518512019dated19-6-201S is illegal, arbitrary, unconstitutional, contrary tolaw and violationof principalsof natural justice and consequently direct the respondents not to interferein the premises no.6-1-341312 situated at SuryapetRoad, Jangaon, Jangaon District, Telangana State.
lA NO: 1 OF 2020
Petition under section151 CPC praying that in the circumstances statedin the affidavit filed in supportof the petition, the High court may be pleased to_Stay of all furtherproceedingsin pursuantto the impugned proceedingsi.e.,ROCNo. G1t178t211g-2020datad 11-2-2020 issued by the 2ndrespondentwith regardto
premises no.6-1-341312 situated at Suryapet Road, Jangaon, Jangaon District, Telangana State pending disposal of the main Writ Petition.
lA NO: 2 OF 2020
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 2nd respondent to reopen the seized premises bearing no.6-1-341312 situated at Suryapet Road, Jangaon, Jangaon District, Telangana State.
Counsel for the Petitioner: SRI R.A.CHARY
Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMN. & URBAN DEV. Counsel for the Respondent No.2: SRI N.PRAVEEN KUMAR, SC for Municipal.
Counsel for the Respondent No.3: SRI CHIKKUDU PRABHAKAR
The Court made the following: ORDER
HON'BLE SMT. JUSTICE LALITHAKANNEGANTI
WRIT PETITION No.3O1L of 2O2O
ORDER:
This Writ Petition is filedquestioning theproceedings dated 1 |.O2.2O2O issued by the2'd respondent,whereby the buiiding permission in respect ofpremisesbearingNo.6- 1- 34 l3/2 situated at Suryapet Roadof JangaonTownof the petitioner was rejected on threegrounds:
\
W.P.N0,3011012020
2
suit andnothing has been stated how that civil suit is concernedwith the submits thatas the civil suit and other Writ present permission.He the respondentauthorities have rejectedthe Petitions are Pending, Application. Itis stated that as far as groundNo'3 is concerned'the proposed sitemight fall in the buffer zone' therefore'lrrigation District Collector'sNOC is required'Learnedcounselsubmitsthat in earlier round oflitigation,a report was submittedbeforethe Court in Writ Petitions No.3659and 5185 of 2Ol9 wherein it is categorically mentioned that the siteis situated within the FTL limitsof BathukammaKunta which wasfixed by the Irrigation Authority and in view of the said fact' the respondentshave shownthis as shortfall'He submitsthat as the petitionerfiied Writ Petition No' 3659of 2Ol9 where there is an interim order dated2L.O2.207g and also Writ PetitionNo' 5185 of 2019' when these twomaters have comeup before this Court on 19'06'2O19' the respondentsweredirectednottotakeanycoercivestepsagainstthe petitioner's buiiding,however, the respondentshave seized the function hall on 11.O2.2O2Ogivinggoby to all the orderspassedby this CourtHe submitsthattheollrcialrespondentshavewillfullyviolatedtheordersof this Courtand at the behest oI the unofllcizrlrcspondtnt'thel'arc actirlg in a mannerunknown to law'
W.P.No.:1011 of 2020
3
W.P.N0.301 1 of 2020
,+
the petitioner continued to run a function hall inthe premisesand violated the orders of this Court.
W.P,No.3011of2020
5
SD/.P.PADMANABHAREDDY ASSISTANTREGISTRAR (ti
//TRUECOPY//
SECTIONOFFICER
To, 1. The Secretaryto Government, Municipal Administration Department State of i.LX""r"r", lstii"iuiirta'iroi'ig;, Hvtierabad'Telanganastate' 2. The Cbmmissioner,Jang"on-'lrTJhiiipiritv'"r"ngaonDist' Telanqana State' .7 rwo ccs to theGp ro|. narnitipii A"ii,in.'d-0rdrnDev., High courtfor the state of Telanqana [OUT] 4. B,illct i; sRi;i.A.EfAhY,Advocate IqP.uql. 5.6. 8ffi one cC EE to iX6Hi iHrxi<uD-u SRI NPRAVEEN KiJlt/ATi' HRABHAkAR' SC for Advocate Municipalitv IOPUC][oPUCl 7. Two C.D.CoPies. o. One SPareCoPY. N/Rc , ,av
HIGH COURT
DATED:2610412022
CC TODAY
.c SfAIA o^)
?7 APH2022
* r'
ORDER
WP.No.3011ol 2020
ALLOWING THE WRITPETITION WITHOUT COSTS
6v
1 issue framed by the court
Whether building permission proceedings rejected without considering pending litigation and environmental clearances are arbitrary and violative of natural justice.
Brungi Surender
State of Telangana
Jangaon Municipality
R. Jagan Mohan Reddy
LALITHA KANNEGANTI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
