IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 6593 of 2008 Between: 1 Singam Mangamma, W/o. Late Singam Ramaiah, R/o. H.No. 1-11, Brundavan Nagar, Malkajgiri, Ranga Reddy District. 2 Singam Narsing Rao, S/o. late Singam Ramaiah, R/o. H.No. 1-11, Brundavan Nagar, Malkajgiri, Ranga Reddy District. 3 SINGAM NAGESHWAR RAO, S/o. late Singam Ramaiah, R/o. H.No. 1-11, Brundavan Nagar, Malkajgiri, Ranga Reddy District. 4 Singam Anand Rao, S/o. late Singam Ramaiah, R/o. H.No. 1-11, Brundavan Nagar, Malkajgiri, Ranga Reddy District. 5 Singam Prabhakar, S/o. late Singam Ramaiah, R/o. H.No. 1-11, Brundavan Nagar, Malkajgiri, Ranga Reddy District. 6 Singam Srihari, S/o. late Singam Ramaiah, R/o. H.No. 1-11, Brundavan Nagar, Malkajgiri, Ranga Reddy District. 7 Singam Ranga Rao, S/o. late Singam Ramaiah, R/o. H.No. 1-11, Brundavan Nagar, Malkajgiri, Ranga Reddy District. ..... PETITIONERS AND 1.Greater Hyderabad Municipal Corporation, Rep. By its Deputy Commissioner, Malakajgiri, Ranga Reddy District. 2.The District Collector and Magistrate, Rangareddy District, Lakdikapool, Hyderabad .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue Writ of Mandamus directing the respondent to consider the application of the Petitioner and grant permission for construction of the compound wall and structures in respect of the premises bearing Nos. 30-72, 30-76,30-77,30-88,and 30-89, in all admeasuring Ac. 1-20 Gts/. of Sy.No. 61, 62 63/1 64/1 and 67, situated at Malkajigiri Ranga Reddy District, under the provisions of Andhra Pradesh Municipalities Act by setting aside the proceedings NO. G2/142/2008 dated 04-02-2008 of the respondent as illegal, arbitrary, violative of Article 14 and 300-A of the Constitution of India. Counsel for the Petitioner: Mr.L.PRABHAKAR REDDY Counsel for the Respondent No.1: Mr.R.RADHAKRISHNA REDDY Counsel for the Respondent No.2 : GP for Revenue The Court made the following : ORDER: This Writ Petition has been ﬁled by Singam Mangamma and 6 others with a prayer to issue Writ of Mandamus directing the respondents to consider their applications for grant of permission to construct a compound wall and structures in respect of the premises bearing Nos.30-72, 30-76,30-77,30- 88,and 30-89, admeasuring Ac. 1-20 Gts. comprising Sy.Nos. 61, 62 63/1 64/1 and 67, situated at Malkajigiri Ranga Reddy District, under the provisions of the Andhra Pradesh Municipalities Act by setting aside the proceedings No. G2/142/2008 dated 04-02-2008. 2. One Singam Ramaiah was the absolute owner and pattadar of the land admeasuring Ac.10.38 guntas together with structures comprising of Sy.Nos.61, 62, 63/1, 64/1 and 67 situated at Malkajgiri, Rangareddy District. The said Singam Ramaiah was given pattadar pass book No.103976 and title deed No.213344 under the provisions of the A.P.Rights in Land and Pattadar Pass Books Act, 1971 by the Revenue Divisional Oﬃcer, Chevella. He was also given Occupancy Rights Certiﬁcate on 29- 10-1994 under the provisions of the A.P.Telangana Area Abolition of Inams Act. He applied for and obtained Lay Out No.3458/A on 16-10-1997 from the then Gram Panchayat, Malkajgiri, and developed the land by making it ﬁt for residential plots. He sold some plots and the purchasers constructed houses thereon. Petitioners being the wife and children of Singam Ramaiah succeeded to lands owned by Singam Ramaiah. They are concerned with the premises bearing No. 30-72, 30-76, 30-77, 30-88 and 30-89. Petitioners intend to construct compound wall and other structures thereon in respect of the plots owned by them. They made an application on 01-02- 2008 to the respondent seeking permission to construct compound wall and structures thereon. 1st respondent informed the petitioners under proceedings bearing No.G2/142/2008, dated 04-02- 2008, that the land in Sy.No.61, 62, 63/1 of Malkajgiri is falling in Full Tank Level (FTL) area of Banda Cheruvu and therefore permission as sought for cannot be granted. The said proceedings are under challenge in this Writ Petition. 3. When the writ petition came for consideration, the petitioners have been directed to implead the District Collector, Rangareddy District/second respondent. 4. Heard the learned counsel appearing for the petitioners; learned counsel appearing for the 1st respondent; and the learned Government Pleader for Revenue appearing for the 2nd respondent. 5. Learned counsel appearing for the petitioners submits that the issue involved in this petition is squarely covered by the judgment of this Court in W.P.No.16397 of 2004 as conﬁrmed by a Division Bench in W.A.No.124 of 2007 and therefore, this Writ Petition is required to be disposed of in terms of the order passed in W.P.No.16397 of 2004. 6. In that view of the matter, Writ Petition is disposed of at the admission stage with a direction to the 1st respondent to consider the representation of the petitioners and see whether it is in accordance with the provisions of the Hyderabd Municipal Corporation Act and the building rules and regulations, and master plan etc., of the Urban Development Authorities and if all the requirements are satisﬁed, not to reject the same merely on the basis that if falls within the full tank level of Bandacheruvu, Malkajgiri and consider the same subject to the undertaking by the petitioners that the construction is at their own risk and they would not claim compensation for the building, or for the other eventualities in case of risk or acquisition, for preserving the land for full tank level. There shall be no order as to costs. ____________________________ B.SESHASAYANA REDDY,J 31st July, 2008 Tsy To 1.The Deputy Commissioner, Greater Hyderabad Municipal Corporation, Malakajgiri, Ranga Reddy District. 2.The District Collector and Magistrate, Rangareddy District, Lakdikapool, Hyderabad 3 2CCs to the GP for Revenue. 4 2CD copies