IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 2706 of 2006 Between: D. Dhamachary, S/o. ( Late) Manikya Rao, R/o. 11-5-258/2A, Neha Apartments, Red Hills, Hyderabad-4, ..... PETITIONER AND 1 The Municipal Corporation of Hyderabd, rep. by its Commissioner, Hyderabad. 2 Dr. Ambedkar Co-Operative Housing Society Ltd., (T.A.No.199) rep. By its Secretary,29, Ambedkar Nagar Colony, Kusumpura, Hyderabad. .....RESPONDENT(S) 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 a writ of Mandamus, or any other appropriate writ, order or direction, declaring the action of the 1st respondent in not releasing the plot No.14 of the Venture -I of the 2nd respondent in Survey No.12/1 of Kulsumpura, Hyderabd by accepting the proportionate betterment charges as was done in plot No.1 as illegal, arbitrary Unjust, against to the principles of natural justice and violative of Article 14, 21 and 300-A of the Constitution of India and consequently direct the 1st respondent to release the plot No.14 of the Venture -I of the 2nd respondent in Survey No.12/1 of Kulsumpura, Hyderabad forthwith by accepting the proportionate betterment charges and pass. Counsel for the Petitioner:MR.B.DEVANAND Counsel for the Respondent No.: MR.R.RADHA KRISHNA REDDY The Court made the following : ORDER: This Writ Petition has been filed by Sri D. Dharmachary with a prayer to issue a writ or direction declaring the action of the Municipal Corporation of Hyderabad- 1st respondent in not releasing Plot No. 14 of the Venture-I of the 2nd respondent in S.No. 12/1 of Kulsumpura, Hyderabad by accepting the proportionate betterment charges as was done in respect of Plot No. 1 as illegal and arbitrary. The petitioner is an allottee of house site bearing Plot No. 14 by Dr. Ambedkar Cooperative Housing Society-second respondent herein. The said plot along with some other plots were stated to be mortgaged with the first respondent-Municipal Corporation of Hyderabad. The grievance of the petitioner is that despite making number of representations, the first respondent is not informing the quantum of amount towards betterment charges. Heard the learned counsel appearing for the petitioner and also the learned Standing Counsel appearing for the respondents. Since the allotment of the plot to the petitioner is subject to payment of betterment charges, the first respondent is under obligation to inform the quantum of amount for betterment charges so as to enable the petitioner to pay the same. In that view of the matter, the Writ Petition is disposed of directing the first respondent to inform the petitioner with regard to quantum of betterment charges so as to enable him to pay the same. No order as to costs. _____________________________ B. SESHASAYANA REDDY,J Dt. 24.06.2008 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Municipal Corporation of Hyderabd, rep. by its Commissioner, Hyderabad. 2 Dr. Ambedkar Co-Operative Housing Society Ltd., (T.A.No.199) rep. byits Secretary, 29, Ambedkar Nagar Colony, Kusumpura, Hyderabad. 3. 2CD copies