Andhra Pradesh High Court - Amravati
B. Bhargava Laksmi vs The State Of Ap on 29 September, 2020
Author: C.Praveen Kumar
Bench: C.Praveen Kumar
THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR
WRIT PETITION No.17098 of 2020
ORDER:
The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:
"to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd respondent in not granting building permissions to the petitioners plots of 248.68 Sq yards, 216.66 Sq yards, 233.33 Sq yards, 216.66 Sq yards respectively in Survey No.165 of Banaganapalle Village, Banaganapalle Mandal purchased vide registered sale deeds dt.08.06.2020 with document bearing Nos.1101/2020, 1102/2020, 1100/2020, 1103/2020 respectively on the ground that land conversion proceedings is needed for approval though land in survey No.165 of Banaganapalle is covered with 70 percent of the residential houses and shown as residential area as per the revenue records and certificate issued by the Tahsildhar, Banaganapalle to that effect vide proceedings in Dis No.A/775/2017 Dt.24.11.2017, as illegal, arbitrary and consequently direct the 2nd respondent to grant the building permissions to the petitioners for their aforesaid respective plots and pass such other order or orders.."
2. Heard the learned counsel for the petitioners, learned Government Pleader for Panchayat Raj and Rural Development appearing for respondent No.1 and the learned Standing Counsel appearing for respondent No.2.
3. Learned counsel for the petitioners submits that no Conversion Certificate is required for construction of houses in Sy.No.165 of Banaganapalle Village and Mandal, as more than 70% of the area is occupied by residential houses. Apart from that, he pleads that in view of the judgment of this Court in K.Satyananda Patnaik and others v. Hyderabad Urban Development Authority, rep.by its Vice-Chairman, Hyderabad and others1, obtaining a Conversion Certificate is unwarranted, as the same is not applicable to the case of 1 2010 (5) ALT 453 (S.B.) 2 the petitioners. Further, it is to be noted that on 20.08.2020, respondent No.2 issued a notice stating that the request of the petitioners for building permission in plot No.38 in Survey No.165 cannot be processed as they have not annexed the RDO's Land Conversion Certificate and Town Planning Approval Layout. In response to the same, the petitioners gave a legal notice, dated 28.08.2020, explaining all the facts and circumstances in the issue and also bringing to the notice of the authorities regarding the permissions granted to many of the residents in that area. Their inaction led to filing of the present writ petition.
4. Learned Standing Counsel appearing for respondent No.2 would submit that a direction may be given to the authorities to pass appropriate orders at the earliest.
5. Having regard to the above, this Writ Petition is disposed of directing respondent No.2 to pass appropriate orders on the representation/reply/legal notice, dated 28.08.2020, given by the petitioners pursuant to the notice, dated 20.08.2020, in accordance with law, as early as possible, preferably, within a period of ten (10) days from the date of receipt of a copy of this order, after hearing all the concerned. There shall be no order as to costs.
6. Learned Standing Counsel shall communicate the order passed by this Court to the concerned forthwith.
Consequently, miscellaneous petitions pending, if any, shall stand closed.
______________________ JUSTICE C.PRAVEEN KUMAR Date : 29.09.2020.
AMD/SPP 3 THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR WRIT PETITION No.17098 of 2020 Date : 29.09.2020 AMD/SPP