Telangana High Court
Sumermal Juthmal Jain vs The State Of Telangana on 15 July, 2024
Author: T. Vinod Kumar
Bench: T. Vinod Kumar
THE HON'BLE SRI JUSTICE T. VINOD KUMAR
WRIT PETITION No. 17606 of 2024
O R D E R:
Heard learned counsel for the petitioners, learned Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1, Sri K.Ravinder Reddy, learned Standing Counsel appearing for respondents No.2 to 5, and with the consent of the counsel appearing for the parties, the Writ Petition is taken up for hearing and disposal at admission stage.
2. Shorn of unnecessary details, the case of the petitioners, in brief, is that they are the owners of property bearing House No.1-8-96/1, 1-8-96/A, 1-8-96/1/A and 1- 8-96/A/1 in plot No.15 admeasuring 126 sq. yards situated at Jawahar Nagar Cooperative Housing Society, P.G.Road, Secunderabad; that intending to construct a Jain temple in the aforesaid property, they had approached the respondents-authorities and made an application for grant of permission vide application, dt.22.02.2022; and that the respondents-authorities after conducting inspection of the documents submitted by them as well as 2 the Scrutiny Report, dt.04.02.2022, directed the petitioners to get NOC from the District Collector for construction of a temple in the subject property.
3. Petitioners further contend that the Revenue Officer had informed that there is no government interest involved in the subject property; and that in spite of the aforesaid clear communication from the Revenue Officer, the building permission is not being granted by the respondents-authorities for construction of temple in the subject property.
4. Per contra, learned Standing counsel appearing on behalf of respondents No.2 to 5 submits that the authorities have issued a short-fall intimation letter, d.30.04.2022 whereby the petitioners were directed -
i) to furnish land use certificate from HMDA; and ii) to submit revised drawing duly showing the road affected portion as per Master Plan.
5. Learned Standing Counsel further submits that the aforesaid shortfall is pending since 30.04.2022 and even after lapse of 802 days, the petitioners did not comply with the said shortfalls noted.
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6. Learned Standing Counsel further submits that, if the petitioners comply with the short falls noted in the intimation letter, dt.30.04.2022, the authorities would consider the application submitted by the petitioners for grant of building permission for construction of a Jain temple.
7. I have taken note of the respective submission made.
8. The respondents-authorities having issued a short- fall intimation vide letter, dt.30.04.2022, which the petitioners are required to comply with, and admittedly, since, the petitioners did not comply with the aforesaid shortfalls as indicated by the respondents-authorities, this Court is of the view that the petitioners should be directed to comply with the shortfalls noted in the aforesaid short- fall intimation, dt.30.04.2022, for the authorities to consider and process the building permission application submitted by the petitioner on 22.02.2022.
9. Subject to the above observations and directions, this Writ Petition is disposed of. No order as to costs. 4
10. Consequently, miscellaneous petitions pending, if any, shall stand closed.
___________________ T. VINOD KUMAR, J 15th July, 2024.
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