THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY
W.P.No.18250 OF 2020
ORDER:
Heard the learned counsel for the petitioner, the learned Government Pleader for Municipal Administration and Urban Development for respondent No.1, and the learned Standing Counsel for Municipality for respondent No.2. With their consent, the Writ Petition is disposed of at the stage of admission itself.
The present writ petition is filed seeking to issue a writ of certiorari quashing the impugned rejection order dated 19.06.2020 passed by respondent No.2 vide File No.3148/Siddipet Town/2020/0204.
Learned counsel for the petitioner states that the impugned rejection order has been passed by the respondent No.2, without putting the petitioner on notice, and without considering the fact that already there is a registered gift deed in favour of the petitioner in respect of the subject land, and therefore, he prays to quash the same.
A perusal of the impugned rejection order clearly shows that the main ground on which respondent No.2 has rejected the application of the petitioner for building permission is that the matter involves civil dispute. The impugned order further reveals that the petitioner was not put on notice before passing the same.
2
This Court in T. Rameshwar v. Commissioner, Municipal Corporation of Hyderabad1, has held that merely because civil disputes are pending, the same cannot be a ground for rejection of the application for building permission.
Having regard to the facts and circumstances of the case, and in view of ratio laid down by this Court in the above referred judgment, this Court is of the prima facie opinion that the impugned rejection order is liable to be set aside, and the same is accordingly set aside and the matter is remanded back to respondent No.2 to decide the same afresh. Respondent No.2 shall pass necessary orders on merits, and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order, duly putting the petitioner as well as any other interested party on notice and affording them an opportunity of hearing. A copy of the order that may be passed by respondent No.2 shall be communicated to the parties.
The writ petition is accordingly disposed of. Miscellaneous petitions pending, if any, shall stand closed.
________________________ A.ABHISHEK REDDY, J Date: 10.02.2021 va 1 2006 (3) ALD 337