LAWS(TLNG)-2021-1-76

GARG PROJECTS PVT LTD Vs. STATE OF TELANGANA

Decided On January 29, 2021
Garg Projects Pvt Ltd Appellant
V/S
State of Telangana Respondents

JUDGEMENT

(1.) Heard the learned counsel for the petitioner, the learned Government Pleader for Municipal Administration and Urban Development for respondent No.1, learned Standing Counsel for GHMC for respondent No.2, learned Government Pleader for Revenue for respondent No.3, learned Government Pleader for Home for respondent No.4, and Smt. S.A.V. Ratnam, learned counsel for respondent No.5.

(2.) The present writ petition is filed by the petitioner Company being aggrieved by the order dated 13.11.2020 passed in Lr.No.1/HO/15856/2019/797 rejecting the objections raised by the petitioner for granting building permission in favour of respondent No.5 in respect of land admeasuring Ac.0-26 guntas in survey No.29 and Acs.3-33 guntas in survey No.41 totally admeasuring Acs.4-19 guntas at Gachibowli Village, Serilingampally Mandal, Ranga Reddy District.

(3.) The case of the petitioner, in brief, is that it is the absolute owner and possessor of the land admeasuring Ac.0-26 guntas in survey No.29 and Acs.3-33 guntas in survey No.41 of Gachibowli Village, Serilingampally Mandal, Ranga Reddy District, having purchased the same under various registered sale deeds. Though the petitioner has narrated the entire history of mode of acquisition of title, the same are not relevant, for the present, for disposal of the present writ petition. The main grievance of the petitioner is that the respondent No.5 without having any valid title to the subject lands, based on some created bogus documents and without filing necessary documents like NOC, filed application No.1/HO/15856/2019 for grant of building permission, to which the petitioner Company filed objections on 10.03.2020 and 12.03.2020. Pursuant thereto, the respondent No.2 held a preliminary hearing on 03.08.2020 and directed the petitioner Company and the respondent No.5 and other third parties to file written submissions. Accordingly, the petitioner submitted its written submissions on 19.08.2020 and 21.08.2020, and finally on 31.08.2020 arguments were heard via Google Meet. However, for the reasons best known to them, the GHMC authorities kept the matter pending for more than two and half months after hearing the arguments at length and finally on 13.11.2020 the impugned order was passed without referring to the objections or written submissions made by the petitioner Company without properly appreciating the documents filed by the petitioner. Hence, the petitioner is before this Court.