Citation : 2025 Latest Caselaw 4816 Tel
Judgement Date : 15 April, 2025
THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.7994 OF 2025
ORDER :
(ORAL)
This writ petition is filed by the petitioner seeking the
following relief:
"... to issue an appropriate Writ or Direction or Order more particularly one in the nature of Writ of Mandamus declaring the inaction of the 3rd respondent in releasing building permission on the petitioners application vide file No 012072GHMC/5547/KPL-2-2024-BP dt.02.11.2024 for construction of S+4 Upper floors Residential apartment building on her plot Nos.J-36 and J-37 admeasuring 400 Sq. yards or 335 sq. meters in Sy.No.329/9 and 329/7 Part situated at Mahadevapuram residential project, Phase III Gajularamaram Village, Quthbullapur Mandal, Medchal- Malkajgiri District, as illegal, arbitrary and in violation of the articles 14, 21 and 300A of the Constitution of India and also in violation of the provisions of GHMC Act and the Rules framed thereunder, and consequently direct the respondent No 2 and 3 to release the said building permission to the petition without any further delay and pass ..."
2. Heard Mr. A. Anand Chary, learned counsel for the
petitioner, and Mr. K. Ravi Mahender, learned standing counsel for
GHMC, appearing for respondent Nos.2 and 3.
3. Learned counsel for the petitioner submitted that in similar
circumstances, the order dated 25.09.2024 was passed by this
Court in W.P. No.26465 of 2024, wherein, this Court has allowed
the writ petition setting aside the revocation letter issued to the
petitioners therein in respect of their plot bearing Nos.W-53 in
Survey Nos.329/4 and 329/5 situated at Mahadevapuram
Residential Layout Project Phase III, Gajularamaram Village,
Quthbullapur, Medchal-Malkajgiri District. It is further submitted
that the aforesaid writ petition was allowed following the judgment
of learned Division Bench of this Court in W.A. No.198 of 2023
dated 14.02.2023 and pursuant thereto building permissions have
been granted to the concerned parties.
4. Learned standing counsel for GHMC has not disputed to the
above submission.
5. Accordingly, the writ petition is allowed, and respondent
authorities are directed to consider the application of the petitioner
for releasing building permission in File No.012072/GHMC/5547
/KPL2/2024-BP dated 02.11.2024 for construction of Stilt + four
(4) upper floors residential apartment building on her plot Nos.J-36
and J-37 admeasuring 400 Sq. yards or 335 sq. meters in
Sy.No.329/9 and 329/7 Part situated at Mahadevapuram residential
project, Phase III Gajularamaram Village, Quthbullapur Mandal,
Medchal-Malkajgiri District, on par with the petitioners in W.P.
No.26465 of 2024 and in terms of the order dated 25.09.2024 was
passed by this Court in W.P. No.26465 of 2024, subject to other
legal compliances, as expeditiously as possible, preferably within a
period of four (4) weeks from the date of receipt of a copy of this
order. There shall be no order as to costs.
As a sequel thereto, miscellaneous applications, if any,
pending in this writ petition stand closed.
______________________ B. VIJAYSEN REDDY, J April 15, 2025.
Note: Issue CC by 16.04.2025 (BO) MS.
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