IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 6026 of 2008 Between: 1 Sri Anandam, S/o.Ushaiah, R/o.H.No.2-2-186/18/5,Bagh Amberpet, Hyderabad. 2 Muppidi Seetharam Reddy, S/o.Ramana Reddy, R/o.Nagapuri Village, Cheriyal Mandal, Warangal District. 3 Nyalkonda Manikya Rao, W/o.late Rama Rao, R/o.Namilikonda Village, Malliyal Mandal, Karimnagar District. 4 M.Kavitha Reddy, D/o.M.Prabhakar Reddy, R/o.Habisguda,Uppal Mandal, Ranga Reddy District. 5 K.Veena Reddy, D/o.K.Mahender Reddy, R/oH.No.7- 138/1,Nagendranagar,Nacharam(V), Uppal Mandal,Ranga Reddy District. 6 Kundur Sreekanth, S/o.Sreenivas Reddy, R/o.1-9-628/4/A, Vidyanagar, Hyderabad. ..... PETITIONERS AND 1 The Greater Hyderabad Municipal Corporation, rep by its Deputy commissioner,Uppal Circle, Uppal, Ranga Reddy District. 2 District Collector, Ranga Reddy District. at Hyderabad. 3 Mandal Revenue Officer,Uppal Mandal, Ranga Reddy District, 4 Executive Engineer, Irrigation Department, North Tank Budda Bhavan,Tank Bund, 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 may be pleased to issue a Writ of Mandamus or any other appropriate writ declaring that the inaction on the part of the respondents in not granting construction permission to the petitioner pursuant to the building application which was submitted, on the ground that the plot of the petitioner may fall in the submergence of the Full Tank Level of Pedda Cheruvu Tank/Ramanthapur Tank, is arbitrary and illegal and consequently direct the respondents to issue construction permission to the petitioners in respect of their Plot Nos.132,165,143,119 & 110 and 164 in Sy.Nos.42 and 43 of Ramanthapur Village, Uppal Mandal, Ranga Reddy District, in accordance with law and without holding the same on the ground that the plots of the petitioners may fall in the submergence area of the Full Tank Level of Pedda Cheruvu Tank/Ramanthapur Tank. Counsel for the Petitioners: MR.V.VENKATARAMANA Counsel for the Respondent No.: R.RAMACHANDRA REDDY,SC FOR GHMC The Court made the following : ORDER: This writ petition has been ﬁled by the petitioners, who are six in number, assailing the inaction on the part of the respondents on the applications filed by them for construction of houses in plots bearing Nos.132, 165, 143, 119, 110 and 164 in Sy.Nos.42 and 43 of Ramanthpur Village, Uppal Mandal, Ranga Reddy District. 2. The petitioners are owners of house plots comprising Survey Nos.42 and 43 of Ramanthpur Village, Uppal Mandal, Ranga Reddy District. They submitted building plans to the 1st Respondent-Corporation and paid sub-division/consolidation charges, and lay out charges. The respondents did not consider the applications submitted by the petitioners on the premise that land in Survey Nos.42 and 43 of Ramanthpur village is falling in the submergible area of Full Tank Level of Pedda Chervu Tank. Number of aﬀected persons have approached this Court for appropriate directions and one such case i.e. W.P.No.21791 of 2006 came to be allowed on 10-6-2008. Thereupon the 1st Respondent Corporation granted construction permission to them. Thereafter, some of the plot owners approached the High Court and obtained similar orders. Therefore, the petitioners also deserve similar order. 3. Learned counsel for the petitioners submits that the issue involved in the present writ petition is squarely covered by the judgment of this Court in W.P.No.21791 of 2006, dated 10.06.2008. (Thirumala Pragada Kishan Rao and others Vs. Uppal Municipality, rep. By its Commissioner, Uppal). This factual aspect is not controverted by the learned standing counsel appearing for the respondent No.1. 4. Such is the situation, the writ petition is disposed of directing the 1st respondent Corporation to act in accordance with the A.P. Municipalities Act and Building Rules and Regulations and Master Plan etc., of Urban Development Authorities and if all the requirements are satisﬁed, not to reject the same merely on the basis that it falls within the full tank level of Pedda Cheruvu and consider the same subject to their undertaking that they are proceeding with the construction at their own risk and 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. No order as to costs. ______________________ B.SESHASAYANA REDDY, J. Date:01st September, 2008. cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KSRANI}