THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.1338 of 2010 Dated:02.02.2010 Between: ITM Business School (A unit of ITM Trust) Mumbai, rep., by its Director, C.V.Ramana Kumar, S/o.Late C.Ramakrishnaiah, aged: 43 years, Off: Plot N.502/B, 2nd Floor, Amara Jyothi, Road No.31, Jubilee Hills, Hyderabad .. Petitioner And The District Panchayat Officer, Ranga Reddy District and another .. Respondents THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.1338 of 2010 ORDER: The petitioner owns land in Survey No.184 of Ghatkesar Revenue Village and Mandal, Ranga Reddy District. It intended to construct a building (semi permanent structure) to run an educational institution, upon the land. Accordingly, it submitted an application to the Gram Panchyat, NFC Nagar, on 08.05.2009. On the assumption that the Gram Panchayat did not reject the application and deemed permission, as per the law, has accrued to the petitioner, it issued notice dated 14.12.2009 to the 2nd respondent, expressing its intention to proceed with the construction. Thereupon, the 2nd respondent addressed a letter to the effect that the application of the petitioner was required to be forwarded to the Hyderabad Metropolitan Development Authority (HMDA) and since the petitioner did not deposit Rs.5,000/-, as required under the relevant provisions of law, further steps could not be taken. This Writ Petition is filed with a prayer to declare that a deemed permission as accrued to the petitioner and it is entitled to construct a semi permanent structure, on the basis of the application, dated 01.06.2009. Heard learned counsel for the petitioner and learned Standing Counsel for Gram Panchayat. The petitioner, no doubt, submitted an application seeking permission on 08.05.2009 and that the Gram Panchayat did not pass any order either granting permission or rejecting it. In the natural course of events, a permission shall be deemed to have accrued to the petitioner. The fact, however, is that the Village is within the limits of HMDA, and wherever any construction is sought to be made in the area of more than 1000 square yards of land, the application has to be forwarded to that authority. On its part, the 2nd respondent intimated to the petitioner that the application of the petitioner could not be forwarded to the HMDA, since the stipulated fee of Rs.5,000/- was not paid. The petitioner expressed its willingness to pay that amount. The Writ Petition is, accordingly, disposed of, directing that the 2nd respondent shall accept the amount of Rs.5,000/- that may be paid by the petitioner through a Demand Draft, and soon thereafter, forward the application to the HMDA. The processing of the application by the HMDA shall be completed within four weeks from the date of receipt of a copy of the application. There shall be no order as to costs. _______________________ L. NARASIMHA REDDY, J Dated: 02.02.2010 KH