IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 8736 of 2009 Between: Dargah Hzt. Shah Qulli Bahadur Grave Yard and Ashrkhana, Rep. by its Muthawalli Sri Mohd. Moin, S/o. Late Mohd. Yousuf, Aged 48 Years, R/o. 12-2-402, Tallagadda, Karwan, Hyderabad. ..... PETITIONER AND The Greater Hyderabad Municipal Corporation, Hyderabad, Rep. by its Special Officer. .....RESPONDENT 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, one in the nature of a Writ of Mandamus or any other appropriate Writ, direction or order declaring the action of the respondent corporation in not releasing due amount of Rs. 7,68,650/- deposited by the petitioner institution by way of demand draft bearing No. 697118, dated 13-11-2006, towards fee and charges for grant of construction permission to the petitioner institution, as illegal and arbitrary and consequently direct the respondent corporation to release the said amount of Rs. 7,68,650/- in favour of the petitioner institution in the interest of justice. Counsel for the Petitioner: MR.E.MADAN MOHAN RAO Counsel for the Respondent No.: R.RADHA KRISHNA REDDY(SC FOR GHMC,SNCZONE) The Court made the following : Order: The petitioner is a Wakf, registered under the provisions of the Wakf Act, 1995. It is stated that it obtained permission from the respondent – Greater Hyderabad Municipal Corporation for construction of shops in the premises bearing No.12-2-402 situated at Tallagadda, Karwan, Hydearbad and deposited an amount of Rs.7,68,650/- towards fee and other charges for granting construction permission. However, the permission could not be released by the respondent Corporation in view of pendency of certain suits between the petitioner and others. Therefore, it requested the respondent Corporation to release the amount deposited by it by way of a representation dated 22.12.2008. Since no orders are passed on the said representation, the present writ petition is filed seeking a direction to the respondent Corporation to release the amount of Rs.7,68,650/-, which was deposited by the petitioner wakf. Heard the learned counsel for the petitioner and the learned standing counsel for the respondent Municipal Corporation and at their request the writ petition is taken up for final disposal at the admission stage itself. The learned standing counsel submits that since the representation dated 22.12.2008 of the petitioner is still pending consideration with the respondent Corporation, instead of this Court going into the merits of the matter, the respondent may be directed to consider and dispose of the said representation, for which course of action, the petitioner also agreed. Accordingly, without going into the merits of the matter, the respondent Municipal Corporation is directed to consider the representation dated 22.12.2008 of the petitioner and pass appropriate orders as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order. With the above direction, the writ petition is disposed of. N.V.RAMANA,J DATED 27.4.2009 msv