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Telangana High Court

Smt. M.K. Bharathi vs Greater Hyderabad Municipal ... on 4 April, 2019

Author: Challa Kodanda Ram

Bench: Challa Kodanda Ram

     THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM

                WRIT PETITION No. 26522 OF 2018

O R D E R:

Petitioner claims to be the absolute owner and possessor of the residential plot bearing No. 1362, admeasuring 160 square yards situated in Survey Nos. 167, 169 & 188 of Weaver's Colony, Bhavana Nagar, Kapra Municipality, Keesara Mandal, Ranga Reddy District, through registered sale deed dated 19.09.2013. The main grievance in the Writ Petition is when the petitioner submitted an Application seeking permission to raise structures thereon, the respondent Corporation rejected the same pointing out certain shortfalls / defects, vide letter dated 09.07.2018, challenging which the Writ Petition has been filed.

When the matter is taken up for hearing, learned counsel appearing on either side submit that this Court had already dealt with similar issue regarding the land in the subject survey number, and held vide its judgment dated 19.04.2016, as under:

" The Writ Petition is accordingly allowed setting aside the impugned proceedings dated 13.03.2014. The Greater Hyderabad Municipal Corporation shall reconsider the building permission application of the petitioner on its own merits and in accordance with the Greater Hyderabad Municipal Corporation Act, 1955 and the rules and regulations framed there under."

Hence, in view of the above-said order, for the reasons stated therein, this Writ Petition is also disposed of directing the Corporation to consider the Application of the petitioner for grant of building permission, dated 28.06.2018, on its own merits and in accordance with the 1955 Act and the Rules framed there under. No costs.

2

The miscellaneous Applications, if any pending in this Writ Petition shall stand closed.

_____________________________ CHALLA KODANDA RAM, J 4th April 2019 ksld