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IN THE HIGH COURT OF TELANGANA
MOUSHUMI BHATTACHARYA
Kishore Rai – Appellant
Versus
Gadi Praveen Kumar – Respondent
| Table of Content |
|---|
| 1. challenge of arbitrary government action (Para 1 , 3 , 10) |
| 2. factual basis for construction and approvals (Para 2 , 5 , 6 , 8) |
| 3. implications of previous court orders (Para 11 , 19 , 21) |
| 4. ambiguity in survey numbers and approvals (Para 12 , 13 , 14) |
| 5. need for joint survey and fair process (Para 20 , 22 , 23) |
| 6. final decision allows petitioner's request and directs further actions. (Para 24) |
| 7. conclusion and final order (Para 25) |
ORDER :
Moushumi Bhattacharya, J.
The petitioner prays for setting aside of a letter dated 26.07.2014 issued by the respondent No.2/ General Officer Commanding (GOC)-HQ, Andhra Sub Area, Secunderabad, by which the Security Clearance accorded by the HQ for the construction work undertaken by the petitioner in Survey No.90/P, Bandlaguda Village, Rajendranagar Mandal, Ranga Reddy District, was directed to be kept in abeyance.
2. The petitioner is represented by the General Power of Attorney Holders.
3. The ambiguity in the status of the Survey Number where the petitioner’s construction is taking place is the cited ground in the impugned letter. The petitioner assails the impugned letter as being arbitrary and illegal in light of the facts both
The court emphasized the necessity of resolving ambiguities in land survey identification through a joint survey, reaffirming the requirement for relevant authorities to comply with previous judicial....
The restriction on construction to ground floor only was arbitrary and discriminatory, violating Article 14 of the Constitution, as prior permissions for G+2 were not duly considered.
The finality of judgments and decrees, and the ineffectiveness of attempts to challenge them, was a central legal principle established in the judgment.
A court order directing a survey of land is complied with when the relevant authority deals with the application for survey in accordance with the law and orders passed.
The court highlighted the importance of adhering to building permissions and procedures outlined under municipal law in construction matters.
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