IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 25440 of 2008 Between: M/s. Icon Developer a Registered partnership Firm Rep. by its Managing Partner Sri Chinta Prabhakar Office at 5-5-33/14, Near METRO , Kukatpally, Hyderabad-72 ..... PETITIONER AND 1 The Director of Town and Country Planning , A.P . at A.C. Guards, Hyderabad. 2 The Commissioner, Municipal Council, Zaheerabad, Medak District. .....RESPONDENT(S) 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 Note issued by the 1st respondent in Draft Technical Layout pattern Vide Proceedings No. C.No. 10845/2007/H Ref.No. G1/1176/2007 of M.C. Zaheerabad vide D.T.L.P.No. 10845/2007/75-08 /H dt. 7-7-2008 saying "The Court issue shall be cleared before coming for Technical Layout Pattern" as illegal, unjust arbitrary and contrary to A.P. Municipalities Act 1965 and A.P. Municipalities (Layout) Rules 1970 framed there under and also in violation of Article 14 of the Constitution of India and set aside the same with further direction to the respondents to release the Technical Layout pattern (Filnal Layout) without reference to the pendency of suit bearing O.S.No. 231/2007 on the file of Senior Civil Judge, at Sanga Reddy Medak District and pass Counsel for the Petitioner:MR.DURGA REDDY THIMMAYYAGIRI Counsel for the Respondent No.: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following : ORDER This writ petition is filed seeking a Mandamus to declare the note issued by the 1st respondent in Draft Technical Layout Pattern vide proceedings No.C.No.10845/2007/H, Ref.No.G1/1176/2007 of M.C.Zaheerabad vide DTLP No.10845/2007/75-08, dt.7.7.2008 as arbitrary and illegal and contrary to AP Municipalities Act, 1965 and AP Municipalities (Lay out) Rules 1970 and consequently to direct the respondents to release the Technical Layout Pattern (Final Layout) without reference to the pendency of suit being O.S.No.231 of 2007 on the file of the Senior Civil Judge at Sanga Reddy, Medak District. The petitioner is a registered firm. It purchased agricultural lands in an extent of Ac.22.12 guntas through registered sale deeds vide document No.1860 of 2007 dt.21.3.2007 and an extent of Ac.13.17 guntas vide document No.1719 of 2007 dt.14.3.2007 situated at Zaheerabad, Medak District. Thereafter, it submitted an application for conversion of the land use from agriculture to non-agricultural purposes before the Revenue Divisional Officer, Sanga Reddy, Medak District who accorded permission vide proceedings No.C1/3083/07 dated 27.12.2007. Subsequently, it applied for the lay out before the 2nd respondent who in turn forwarded the said application to the 1st respondent. The 1st respondent after considering the said application released the Draft Technical Layout Pattern vide proceedings dated 7.7.2008. In the said proceedings the impugned note is added to the effect that “ The Court issue shall be cleared before coming for Technical Layout Pattern.” On enquiries made by the petitioner, it came to know that a suit being O.S.No.231 of 2007 is pending before the Senior Civil Judge, at Sanga Reddy, Medak District in respect of the lands in question and as such during pendency of the said suit, no final layout would be released. Questioning the said note, the present writ petition is filed. Heard the learned counsel for the petitioner, learned Government Pleader for Municipal Administration appearing on behalf of the 1st respondent and the learned standing counsel appearing on behalf of the 2nd respondent. It is not in dispute that the petitioner applied for conversion of the land use from agriculture to non-agriculture and permission was also accorded and respondent-authorities released the Draft Technical Layout Pattern with a note stating that Court issue shall be cleared before coming for Technical Layout Pattern. The final lay out is not released due to pendency of O.S.No.231 of 2007. Having heard the learned counsel for the petitioner, this Court is of the view that this writ petition can be disposed of with a direction to the petitioner to submit a fresh application along with the revised lay out vide DTLP No.10845/2007/75-08/H, dated 7.7.2008 within a period of two weeks from today. On such application being filed, the respondents are directed to consider the same and pass appropriate orders without any conditions. However, the approval of the lay out, sale of the plots in the said lay out are subject to the result in O.S.No.231 of 2007 on the file of the Senior Civil Judge, Sangareddy, Medak District. Accordingly, the writ petition is disposed of. No costs. __________ 18-12-2008 Note: Issue CC by one week. (B.O) rkk