IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 3525 of 2009 Between: M/s. Laxminarayana Residents' Welfare Society, Represented by its President Avinash Phadke, S/o.Sri R.N.Phadke, R/o. Plot No.11, Laxminarayana Colony, Prendergast Road, Secunderabad. ..... PETITIONER AND 1 Greater Hyderabad Municipal Corporation, represented by its Commissioner, Tank Bund Road, Hyderabad. 2 Smt.G.R.Chinoy W/o.Mr.R.H.Chinoy R/o.134 (Old) - New No.1-8-92 to 102, Penderghast Road, Secunderabad 3 H.J.Chinoy S/o.J.H.Chinoy R/o.134 (Old) - New No.1-8-92 to 102, Penderghast Road, Secunderabad. 4 Smt.S.R.Kathoke W/o.Mr.R.K.Kathoke R/o.134 (Old) - New No.1-8-92 to 102, Penderghast Road, Secunderabad 5 N.E.Chinoy S/o.Mr.E.H.Chinoy R/o.134 (Old) - New No.1-8-92 to 102, Penderghast Road, Secunderabad 6 Smt.F F Vatcha W/o.F S Vatcha R/o.134 (Old) - New No.1-8-92 to 102, Penderghast Road, Secunderabad 7 Shahad Ali Khan S/o.Late Mr. Hamid Ali Khan R/o.8-2-404/1/A, Road No.6, Banjara Hills, Hyderabad. 8 Mazher Ali Khan S/o.Late Mir Dost Ali R/o.6-3-563/25, South Erram Manzil, Hyderabad. A.P. .....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 a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondent No.1 in not cancelling the building plan permit No. 112/08 dated 18.9.08 in File No. 1794/TPS/NZ/GHMC/B1/2008, issued to the respondents 2 to 8 in respect of the properties, part of the premises No. 1-8-101 & 102, Prendergast Road, Secunderabad, as arbitrary and illegal in the interest of justice. Counsel for the Petitioner:MR.SHARAD SANGHI Counsel for the Respondent No.: R.RAMACHANDRA REDDY,SC FOR MCH 1,2,4&6 The Court made the following : ORDER: Heard the learned counsel for the petitioner and the learned standing counsel for the respondent Greater Hyderabad Municipal Corporation and at their request the writ petition is taken up for final disposal at the admission stage itself. The petitioner is a welfare society represented by its president. It is its case that initially an extent of about 10,800 square yards of land in bunglow 134 situated at Prendergast road, Secunderabad was purchased by one Janatha Cooperative Housing Society Limited, which was subsequently divided into plots and was sold away to different individuals. Later on, the members of the said society have formed the petitioner society for the welfare of its residents and got the same registered. It is its case that it made a representation to the respondent Municipal Corporation requesting to cancel the plan sanctioned in favour of respondents 2 to 8 on 18.9.2008 as the same is based on suppression of material facts, but so far no action has been initiated on the said representation and hence this writ petition. The main contention advanced by the petitioner is that the above stated plan is obtained by respondents 2 to 8 by suppressing certain important facts and taking advantage of the said sanction, they are now trying to break open the compound wall, which was constructed all around their plots in the year 1976, in order to make out access through the internal roads of the petitioner society’s lay out even though they are having access for ingress and egress from the main road i.e Prendergast road. The learned standing counsel for the respondent Municipal Corporation submits that the representation of the petitioner society is still pending consideration before the 1st respondent and as on today, no construction activity is being taken place as per the sanctioned plan by respondents 2 to 8. In the circumstances, since the representation of the petitioner is pending with the 1st respondent, without going into the merits of the matter, the writ petition is disposed of directing the 1st respondent to consider the representations of the petitioner dated 25.9.2008 and 29.12.2008 to cancel the building permission granted in favour of respondents 2 to 8, after issuing notice to unofficial respondents and pass necessary orders expeditiously. N.V.RAMANA,J Dt.3.3.2009 msv