Telangana High Court
Ravula Krishna vs The State Of Telangana on 11 May, 2020
Author: T. Vinod Kumar
Bench: T. Vinod Kumar
HON'BLE SRI JUSTICE T. VINOD KUMAR
WRIT PETITION NO.6747 OF 2020
ORDER:
The present Writ Petition is filed under Article 226 of the Constitution of India for issue of writ of mandamus to declare the notice of the 3rd respondent dated 02.04.2020 whereby the petitioner is directed to stop construction of his house bearing No.5-110 in Sy. No.206 of Gowrelli village, Abdullapurmet Mandal, Ranga Reddy District and further directing the petitioner to submit the report within seven days, as being illegal and arbitrary.
2. The matter is filed through e-filing and is taken up today for hearing through video conferencing. Heard learned Counsel for the petitioner, learned Government Pleader for Panchayat Raj, Sri G. Narender Reddy, learned Standing Counsel for Gram Panchayat and Sri V. Narasimha Goud, learned Standing Counsel for HMDA.
3. Learned Counsel for the petitioner submits that the petitioner has obtained necessary permission for construction of the house from the concerned Gram Panchayat under proceedings No.GPGWWR/247/BP No.58/2018-19 dated 30.03.2019. He would further submit that as per the said permission granted by the Gram Panchayat, the petitioner is permitted to complete construction within a period of twenty four months from the date of grant of such permission. It is contended by the learned counsel for the petitioner that even before the expiry of such time permitted, the authority has issued impugned notice directing the petitioner to stop construction on the ground that the petitioner is making construction without having a valid approval from the Gram Panchayat.
4. Learned Standing Counsel for Gram Panchayat does not dispute the issue of permission for construction by the concerned Gram Panchayat in favour of the petitioner vide proceeding above referred dated 30.03.2019. However, he would submit that since the petitioner is making construction in deviation of such sanctioned plan, the authorities have issued to impugned notice. Learned standing counsel submits that while permission has been granted to the petitioner for construction of Ground +1st floor of residential house, the petitioner is carrying on construction of Ground +2nd floors, also constructing mulgies / shops in the ground floor and also without leaving any set backs as per the sanctioned building plan.
5. On being queried by this Court as to why such deviations as being put forth before this Court are not mentioned in the notice issued by the respondent authority, learned Counsel appearing for the respondents would fairly submit that the authorities would issue fresh notice to the petitioner, raising all the issues / concerns relating to the construction being undertaken by the petitioner in deviation of sanctioned plan. The learned standing counsel for Gram Panchayat also submits that this Court may pleased to set aside the impugned proceeding by granting liberty to the respondent authorities to issue fresh notice to the petitioner indicating therein the deviation in the construction being made and the violation of the conditions of the permission granted. Learned Counsel for the petitioner has no objection for this court accepting the course of action suggested by the learned counsel for respondent, if the proceeding impugned in the present writ petition being set-aside.
6. Having regard to the above and granting liberty to the respondent authority to initiate proceedings afresh in accordance with law, the impugned notice dated 02.04.2020 issued by the 3rd respondent to the petitioner is hereby set aside.
7. Subject to the above, the Writ Petition is allowed. No order as to costs.
8. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order.
___________________________ JUSTICE T.VINOD KUMAR Date: 11.05.2020 MRKR