IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 23457 of 2008 Between: J.Balaraju, S/o. J.Venkataiah, R/o. H.No.3-1-91, Nehru Nagar, Ramantapur, Hyderabad. ..... PETITIONER AND 1 The Greater Hyderabad Municipal Corporation, Rep by its Deputy Commissiner, Circle-2, East Zone, Uppal, Hyderabad District. 2 Hyderabad Urban Development Authority, Rep by its Vice Chairman, Begumpet, Hyderabad. 3 District Collector, Ranga Reddy District, at Hyderabad. 4 Mandal Revenue Officer, Uppal Mandal, Ranga Reddy District. 5 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 will be pleased to issue a Writ or order or direction more particularly one in the nature of Writ of Mandamus, declaring that the inaction on the part of the Respondents in not granting building permission for construction of the Respondent in not granting building permission for construction of residential houses in favour of the Petitioner herein on the ground that the plots of the Petitioners may fall in the submergence of Full Tank Level of Peddacheruvu Tank/Ramanthapur Tank, as illegal, arbitrary and consequently direct the Respondents to grant building permissions in favour of the Petitioners herein in respect of Plot No.23, in Survey Nos.66 and 67 admeasuring 137.5 Sq.Yds, or 114.95 Sq.Mts, situated at Block No.5, Indiranaga, Ramanthapur Village, Uppal Mandal, Hyderabad, in accordance with law, without holding that the said plots may fall in the submergence area of Full Tank Level of Peddacheruvu Tank/Ramantapur Tank. Counsel for the Petitioner: MR.CHANNA RAMASEKHARA RAO Counsel for the Respondent No.: R.RAMACHANDRA REDDY,SC FOR MCH 1,2,4&6 The Court made the following : ORDER This writ petition has been ﬁled by J.Balaraju assailing the inaction of the respondents on the building permission application filed by him. The petitioner along with his younger brother purchased an extent of 137.5 square yards in plot No.23 comprising Sy.Nos.66 and 67, Block No.5, Indiranagar, Ramantapur Village under a registered sale deed dated 12.6.2008 from one Ganji Raghuram. The petitioner submitted an application on 14.10.2008 to the 1st respondent for building permission and his representation remained unattended. It is the grievance of the petitioner that the respondents are not considering the said application on the ground that the site in respect of which building permission has been sought for is coming within the full tank level of Peddacheruvu Tank/Ramantapur Tank. When the writ petition came up for admission, Sri R.Ramachandra Reddy, learned standing counsel of Greater Hyderabad Municipal Corporation received notice on behalf of R1, Sri M.Surendera Rao, learned standing counsel of Hyderabad Urban Development Authority received notice on behalf of R2, learned Government Pleader for Revenue received notice on behalf of R3 and R4 and learned Government Pleader for Irrigation received notice on behalf of R5. Heard the learned counsel appearing for the parties. Learned counsel for the petitioner submits that the issue involved in the present writ petition is squarely covered by the Judgment of this Court in WP No.21791 of 2006, dated 10.06.2008 (Thirumala Pragada Kishna 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 respondents No.1 and 2. Such is the situation, the writ petition is disposed of directing the 1st respondent to act in accordance with A.P. Municipalities Act and Building Rules and Regulations framed thereunder 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 Peddacheruvu Tank/Ramantapur Tank and consider the same, subject to his undertaking that he shall proceed with the construction at his 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 costs. ____________ 29-10-2008 Note: Issue CC by one week. (B.O) rkk