THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI W.P.NOS. 3280, 3306, 3321 & 3489 OF 2025

COMMON ORDER:

In all these writ petitions, the petitioner is challenging the action of the respondents particularly the respondent No.5 in interfering with the constructions being made by the petitioner after obtaining deemed permissions for construction vide Application Nos.111, 110, 112 & 110 in W.P.Nos.3280, 3306, 3321 & 3489 of 2025 respectively, in respect of Survey No.5/ఆ, situated at Inamguda Village, Abdullapurmet Mandal, Ranga Reddy District, as illegal, arbitrary and to pass such other order or orders in the interest of justice.

2. Learned counsel for the petitioner submitted that the petitioner has made applications for building permission in the prescribed proforma along with all the relevant documents and since the applications have not been reverted or rejected within the prescribed time, the petitioner has deemed that the permission has been granted and has also commenced the construction and in the meantime, the respondent No.5 was interfering with the construction and therefore, the present writ petitions have been filed.

3. Learned counsel for the respondent No.5 has filed a counter affidavit stating that the legal notices dated 10.08.2024 in respect of the subject properties have been received and therefore, the applications of the petitioner has been reverted with “reverted due to lawyer notice issued to Gram Panchayat special officer. On this we are approaching standing counsel for legal opinion”.

4. After hearing both the parties, this Court finds that there is no comment by the respondent No.5 that the petitioner’s applications are not accompanied by all the relevant documents and the only reason for stopping the construction or interfering with the construction appears to be the legal notice issued by the counsel on behalf of some other parties. This Court finds that on the basis of such legal notice, the respondents could not have reverted the applications but ought to have issued a notice/notices to the petitioner herein, called for his explanation and thereafter taken a decision thereon. Therefore, the reverted orders dated 14.08.2024 are set aside and the respondent No.5 is directed to issue proper notices to the petitioner, call for the explanation and consider his explanation, if any, and thereafter, take a decision in accordance with law. It is also made clear that as long as deemed building permission has not been rejected by the respondent authorities, they shall not interfere with the construction of the petitioner’s properties.

5. Accordingly, these writ petitions are disposed of.

There shall be no order as to costs.

6. Miscellaneous petitions, if any, pending in these writ petitions, shall stand closed.

____________________________ JUSTICE T.MADHAVI DEVI Date: 16.04.2025

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THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI W.P.NOS. 3280, 3306, 3321 & 3489 OF 2025 Dated: 16.04.2025

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