Akkety Laxmi Prasanna v. 1. The State of Telangana

Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court mav be pleased to direct the Respondent No.2 to grant permission to the petitioner's open plot to an extent of 1550 Sq.yards or 1295.95 Sq.meters in Sy.No.494(old) 471(new) of Vaddepally Revenrre, village, Hanamkonda Mandal and Districl under Greater Warangal Mupicipal Corporation vide petitioner aprplication No. 01 37 29tBP IDTCP/3006/0489 12022 dt.28.12.2022. Counsel for the Petitioner : SRI PADALA PRAVIN KUMAR Counsel forthe Respondent No.1 : GP FOR MCPLADMN AND URBAN DEVELOPMENT Counsel for the Respondent No.2 : SRI PASHAM MOHITH Counsel for the lmplead Proposed Respondent No.3 : G.P FOR REVENUE The Court made the following ORDER THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.8622 of 2024 ORDER: The writ petition is field to declare the action of the respondent No.2 in not giving the construction permission to the petitioner open plot to an extent of 1550 sq. yards in Sy.No.494 (old), 477 (new), Vaddepally Revenue Village, Hanamkonda Mandal and District under Greater Warangal Municipal Corporation for construction of compound wall and ground floor vide application No.013729/BP/DTCP/3006/0489/2022 dated 28.12.2022, even though th.e revenue department has given NOC vide Rc. No. 8/373 2/20023 dated 30.L2.2023 in respect of short fall notice of the respondent No.2 dated 11.01.2023, as being illegal and arbitrary.

2. Heard Mr. Padala Pravin Kumar, learned counsel for the petitioner and Mr. Pasham Mohith. learned standing counsel appearing for respondent No.2.

3. Learned counsel for the petitioner submitted that the building application submitted by the petitioner under TS-bPASS vide No. 0 1 3729lBP / DTCP I 3006 I 0489 / 2022 dated 28. 12.2022 has been returned with shortfall remarks stating that the proposed site of the petitioner is reflected in prohibitory properties in the Dharani Portal of the Revenue Department. Subsequently. on an application filed 2 by the petitioner to delete the property from the prohibitory list, the Tahsildar, Hanumakonda Mandal, addressed a left(lr dated

30.L2.202|3 to the District Collector, Hanumakonda, recommending issuance of NOC to the subiect site by duly stating that thr: subject plot of the petltloner forms part of patta land in Sy.No.471 of Vaddeppalli Village. which is not a Government land.

4. Learned counsel for the petitioner further submil:ted that based on iihe said letter dated 30.12.2023, the tretitioner approached :he respondent No.2 through representation dated

23.O3.2024 and requested grant of building permission as NOC has been issued b)'the revenue authorities. Lea-ned standing counsel appearing for respondent No.2

5. submitted that after TS-bPASS system has been inr:roduced, the application has to be submitted online and after shortfall is pointed out, the petitioner is again required to subrrrit online application ,alrrng *,an NOC - document evidencing doletion of subject plot liom the prohibitory list. He further submitted that as and when o"rline application is submitted by the Fretitioner, appropriate action will be taken.

6. In the circumstances, the writ petition is disposed of' directing the petitioner to submit online application before the r€:spondent No.2 along with NOC showing deletion of the subject plot from the J prohibitory list under Section 22-A of the Registration Act, 1908. On receipt of the same, the application of the petitioner shall be considered by the respondent within a period of twenty one (21) days thereafter, in accordance with law. The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs. /TTRUE COPY// SD/. P. PADMANABHA REDDY TY REGISTRAR S CTION OFFICER

1. The Principal Secretary, Municipal Administration Department' Dr'. B.R.Ambedkar secretariai euilding, State of Telangana at Hyderabad. 2. The commissioner, cr";t", w;;u""sal Municipal corporation, warangal, 'Hanamkonda. s. ih" Diit,i.t Collector, Warangal-Han'akg$3 Pi.t[:t 4. Two CCs to GP rOn frlipl XOrr'fi't nUO URBAN-D-EVELOPII/ENT' High ' 5. Two CCs to GP rOn nrVEi'ruE, iigh court roithe State of Telangana at 6. d; cc i" snt pAonr-n PRAVIN KUMAR Advocate [oPUC] ;. o;; cc to snr PASHAM MoHITH, Advocate (oPucc) B. Two CD CoPies Clurt tor tne State of Telangana at Hyderabad' [OUT] Hyderabad. [OUTI . SA q+' i I I I I {' l : i l I To HIGH COURT DATED:13 10312025 ORDER WP.No.8622 ot 2024 t t I DISPOSING OF THE W.P WITHOUT COSTS. \\ N R 1( g 5) .> .l J 2 E t'tAB ?[Zi l' aI * o. s .A-rc *