IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD WEDNESDAY THE THIRD DAY OF MARCH TWO THOUSAND AND TEN :PRESENT: THE HON'BLE SRI NISAR AHMAD KAKRU, THE CHIEF JUSTICE AND THE HON’BLE SRI JUSTICE SANJAY KUMAR W.P.Nos.1677, 1259, 17 and 4298 OF 2010 WRIT PETITION NO : 1677 of 2010 Between: K. Ramakrishna Reddi, S/o. Late Govinda Reddy,Senior Advocate, R/o. H.No. 2-2-20 Part D.D.Colony, Bagh Amberpet, Hyderabad - 500 013..... Petitioner AND 1 The State of Andhra Pradesh, Rep by its Secretary, Municipal Administration & Urban Development (M)/Department, Secretariat, Saifabad, Hyderabad- 500 004 2 The Commissioner, Greater Hyderabad Municipal Corporation, Lower Tank Bund, Hyderabad. 3 The Chief City Planner, Greater Hyderabad Municipal Corporation, Lower Tank Bund, Hyderabad. 4 M/s. Raja Rajeshwari Builders, No. 2-2-20/K/9, D.D. Colony, Bagh Amberpt, Opposite to Hotel Management College, Hyderabad Rep by Mr. Ramakrishna 5 Lina Bollapragada, aged 34 yrs, No. 2-2-20/K/9, D.D.Colony, Bagh Amberpet, Opposite to Hotel Management College, 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 and appropriate writ or order or direction, one in the nature of writ of mandamus i. declaring that the Rule "7.1 (Xiv) of Hyderabad Revised Buildings Rules, 2006' as arbitrary illegal, violative of Art. 14 and 21 of the constitution of India and ultravires of the rule making power under the Greater Hyderabad Municipal Corporation Act 1955 and A.P. Urban Areas (Development) Act, 1975 ii. declaring the Building Permit Nos. 6/72 dt. 3-12-2009 and 4/2 dt. 10-8- 2009 of the Respondent-2 granted in the name of Respondents - 4 & 5 as arbitrary, illegal and violative of Art. 14 & 21 of the constitution of India, iii. GO Ms.No. 539 dt. 27-7-2009 of the Respondent - 1 be setaside; iv. Costs be awarded and pass such other order or orders; WRIT PETITION NO : 1259 of 2010 Between: Vidya Bhushan S/o. Manmohan Lal ..... Petitioner AND 1. The State of A.P., by its Secretary, Municipal Administration & Urban Development (M) Department, Secretariat, Hyderabad - 500 004 2. The Commissioner,. Greater Hyderabad Municipal Corporation Lower Tank Bund, Hyderabad 3. The Chief City Planner ,Greater Hyderabad Municipal Corporation Lower Tank Bund, Hyderabad 4. M/s. Raja Rajeshwari Builders, No. 2-2-20/K/9, D.D. Colony, Bagh Amberpet, Opposite to Hotel Management College, Hyderabad, rep. by Mr. Ramakrishna 5. Lina Bollapragada aged 34yrs, R/o. No. 2-2-20/K/9, D.D.Colony, Bagh Amberpet, Opposite to Hotel Management College, 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 and appropriate writ or order or direction, one in the nature of writ of Mandamus; i. declaring that the Rule " 7.1 ( xiv ) of Hyderabad Revised Buildings Rules, 2006' as arbitrary, illegal, violative of Art. 14 and 21 of the Constitution of India and ultravires of the rule making power under the Greater Hyderabad Municipal Corporation Act 1955 and A.P.Urban Areas ( Development ) Act, 1975, ii. declaring the Buildings permit Nos. 6/72 dt. 3.12.09 and 4/2 dt. 10.8.09 of the Respondent-2 granted in the name of Respondents - 4&5 as arbitrary, illegal and violative of Art. 14 & 21 of the Constittion of India, iii. GO Ms.No. 539 dt. 27.7.2007 of the Respondent-1 be setaside; iv. Costs be awarded W.P.No. 17/2010: Between: K.Vivek Reddy S/o.K.R.Reddy,29yrs,advocate, R/o.361, H.No.2-2-20 (Part), D.D. Colony, Bagh Amberpet, Hyderabad. ..... Petitioner AND 1. The State of Andhra Pradesh, represented by its Secretary, Municipal Administration & Urban Development (M)/Department, Hyderabad. 2. The Commissioner, Greater Hyderabad Municipal Corporation, Lower Tank Bund, Hyderabad. 3. The Chief City Planner, Greater Hyderabad Municipal Corporation, Lower Tank Bund, Hyderabad. 4. M/s. Raja Rajeshwari Builders, No.2-2-20/K/9, D.D.Colony, Bagh Amberpet, Opposite to Hotel Management College, Hyderabad, represented by Mr.Ramakrishna. 5. Lina Bollapragada ,aged 34 yrs,R/o.2-2-20/K/9, D.D. Colony, Bagh Amberpet, opposite to Hotel Management College, 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 an appropriate writ or order or direction, one in the nature of writ or mandamus, 1) declaring that the impugned Rule 7.1 (xiv) of Hyderabad Revised Building Rules, 2006 and consequential actions of building permissions to respondents 4 and 5 in respect of premises beaing D.No. 2-2- 20/K/9, D.D.Colony, Bagh Amberpet, Opposite to Hotel Management College, Hyderabad, is arbitrary, illegal and void and inoperative including conversion of plot, if any, and violative of Article 14, 19 and 20 of the Constitution of India and; iii) costs be awarded and pass such other order or orders; W.P.No. 4298/2010: Between: Cherlakola Ravinder Reddy s/o.Late Chinna Reddy ..... Petitioner AND 1. The Government of Andhra Pradesh, represented by its Secretary, Municipal Administration & Urban Development (M)/Department, Hyderabad. 2. The Commissioner, Greater Hyderabad Municipal Corporation, Lower Tank Bund, Hyderabad. 3. The Chief City Planner, Greater Hyderabad Municipal Corporation, Lower Tank Bund, Hyderabad. 4. M/s. Raja Rajeshwari Builders, No.2-2-20/K/9, D.D.Colony, Bagh Amberpet, Opposite to Hotel Management College, Hyderabad, represented by Mr.Ramakrishna. 5. Lina Bollapragada ,aged 34 yrs,R/o.2-2-20/K/9, D.D. Colony, Bagh Amberpet, opposite to Hotel Management College, 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 an appropriate writ or order or direction, one in the nature of writ or mandamus, 1) declaring that the impugned Rule 7.1 (xiv) of Hyderabad Revised Buildings Rules, 2006 as arbitrary, illegal, violative of Art. 14 and 21 of the Constitution of India and ultravires of the rule making power under the Greater Hyderabad Municipal Corporation Act, 1955 and A.P.Urban Areas (Development) Act, 1975; 2) declaring the Buildings permit Nos. 6/72 dated 3-12-2009 and 4/2 dated 10-8- 2009 of the respondent-2 granted in the name of respondents 4 and 5 as arbitrary, illegal and violative of Art. 14 and 21 of the Constitution of India 3) G.O.Ms.No. 539 dated 27-7- 20078 of the respondent-1 be setaside. These petitions coming on for hearing upon perusing the petition and affidavit filed in support thereof and the order of the High Court dated 3-02-2010 made in WPMP. No. 16 of 2010 and upon hearing the arguments of Sri K. Ramakrishna Reddy Party- in-person for the petitioner and of the Govt. Pleader for Municipal Admn for the respondent No.1 and of Sri R. Ramachandra Reddy, S.C. for GHMC for the respondents 2 and 3 and of Sri P. Kamalakar Advocate for the respondents 4 and 5 in W.P.No. 1677 of 2010 and of Sri M. Sanga Reddy Advocate for the petitioner and of the Govt. Pleader for Municipal Admn for the respondent No.1 and of Sri R. Ramachandra Reddy, S.C. for GHMC for the respondents 2 and 3 and of Sri P. Kamalakar Advocate for the respondents 4 and 5 in W.P.No.1259 of 2010 and of Sri B. Mahender Reddy Advocate for the petitioner and of the Govt. Pleader for Municipal Admn, for the respondent No.1 and of Sri R. Ramachandra Reddy, S.C.for GHMC for the respondents 2 and 3 and of Sri P. Kamalakar Advocate for the respondents 4 and 5 in W.P.No. 17 of 2010 and of Sri B. Sarvotham Reddy Advocate for the petitioner and of the Govt. Pleader for Municipal Admn, for the respondent No.1 and of Sri R. Ramachandra Reddy, S.C. for GHMC for the respondents 2 and 3 and of Sri P. Kamalakar Advocate for the respondents 4 and 5, in W.P.No. 4298 of 2010 the court made the following: ORDER: In addition to the information asked for vide direction dated 2-03- 2010, the learned counsel for Greater Hyderabad Municipal Corporation shall also provide the details of the construction erected by the petitioners. At this stage, the learned counsel submits that he is ready with the additional affidavit, which contains those details as well, a copy whereof has already been furnished by him to the other side. In that view of the matter, additional affidavit is taken on record with liberty to the petitioners to file their response during the course of the week with an advance copy to the other side. Be listed on 10-03-2010. In the meantime, counter in writ petition No. 4298of 2010. Till next date, status quo with regard to the construction to be maintained by respondent Nos. 4 and 5. Sd/-A.V.RAMI REDDY ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1. The Secretary, Municipal Administration & Urban Development (M)/Department, State of Andhra Pradesh, Secretariat, Saifabad, Hyderabad- 500 004 2. The Commissioner, Greater Hyderabad Municipal Corporation, Lower Tank Bund, Hyderabad. 3. The Chief City Planner, Greater Hyderabad Municipal Corporation, Lower Tank Bund, Hyderabad. 4. Mr. Ramakrishna, M/s. Raja Rajeshwari Builders, No. 2-2-20/K/9, D.D. Colony, Bagh Amberpt,Opposite to Hotel Management College, Hyderabad 5. Lina Bollapragada, aged 34 yrs, No. 2-2-20/K/9, D.D.Colony, Bagh Amberpet, Opposite to Hotel Management College, Hyderabad. (1 to 5 BYRPAD) 6. One cc to : SRI .B.MAHENDER REDDY ,advocate (OPUC) 7. One cc to : SRI M.SANGA REDDY ,advocate (OPUC) 8. One cc to : SRI . K.Ramkrishna Reddi, Party-in-person 9. One C.C.to Sri B. Sarvotham Reddy Advocate. (OPUC) 10. One C.C.to Sri P.Kamalakar Advocate. (OPUC) 11. Two ccs to GP FOR MUNCIPAL ADMN. ,High Court of AP.,HYD (O.UT) 12. One C.C.to Sri R. Ramachandra Reddy Advocate. (OPUC) 13. 2 spare copies. HIGH COURT HCJ & SK.J DATED 3-03-2010 LIST ON 10-03-2010 ORDER WP.NOS. 1677, 1259, 17 AND 4298 OF 2010 DIRECTION Bsr Dt. 4-3-2010 HIGH COURT HCJ & SK.J DATED 3-03-2010 LIST ON 10-03-2010 ORDER WP.NOS. 1677, 1259, 17 AND 4298 OF 2010 DIRECTION