IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY THE TWENTY SECOND DAY OF FEBRUARY TWO THOUSAND AND NINE :PRESENT: THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION NO : 21346 of 2009 Between: 1. Dr T Vidya Kumari D/o T Lakshma Reddy, R/o H No 5-9-89/3, Chappel Road Fateh Maidan , Hyderabad 2. G Vinay Reddy S/o G Subba Reddy, R/o H No 5-9-89/1 & 2, Chappel Road Fateh Maidan Hyderabad ..... Petitioners AND 1. The Greater Hyderabad Municipal Corporation rep by its Commissioner & Special Officer, B.R.K.R. Buildings, Tank Bund Hyderabad 2. Maphar Constructions, a Partnership Firm rep. by its Managing Partner - Farhathullah Jaweed S/o late Inayathulla Khan, Office at 102, Maphar Exotics H.No. 10-2-289/7/A, Shanthinagar, Masab Tank Hyderabad 3. T Sandhya W/o Late T Vijayabhaskar Reddy 4. T Lakshitha Reddy D/o Late T Vijayabhaskar Reddy, 16 years, (Minor), rep. by her mother and natural guardian T Sandhya 5. T Lakshman Reddy S/o Late T Vijayabhaskar Reddy, 13 years, (Minor) , rep. by his mother and natural guardian T Sandhya (Respondent Nos. 2 to 5 are R/o H No 5-9-89 (P) Chappel Road, Fateh Maidan, 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, Order or direction preferably one in the nature of Writ of Mandamus, declaring the impugned order dated 27-06-2009 vide Proceedings No. 1560/TPS/HO/GHMC/2009/1548 including the Permission vide Permit No. 631/CSC/TP-8/07, dated 12-12-2008 of the 1st respondent issued in favour of the 2nd respondent in respect of house bearing No. 5-9-89 , Chappel Road, Fateh Maidan, Hyderabad , as arbitrary, illegal, contrary to Municipal Regulations and violative of principles of natural justice and consequently set aside the same. The petition coming on for hearing, upon perusing the petition and the affidavit filed herein and the order of the High Court dated 9-10-2009, 2-11-2009 and 16-11- 2009 made herein and upon hearing the arguments of Dr. P. Bhaskara Mohan, Advocate for the Petitioners and of Sri R. Ramchandra Redy, S.C. for GHMC for the Respondent No.1 and of Sri Javed Razak, Advocate on behalf of Respondent No.2, the Court made the following ORDER: The 1st respondent filed an additional counter affidavit. There are certain internal contradictions in the stand taken by the Corporation in the context of according sanction to the 2nd respondent. The 15 feet passage, which is exclusively for the 2nd respondent, connecting the 20 feet lane, which in turn leads to the plot owned by the 2nd respondent, was treated as a common passage, so much so, widening thereof was insisted on to the extent of 30 feet. It may be true that the widening part of road was totally from the land of the 2nd respondent. All the same, it leads to the change of character of the exclusive lane of 15 feet. In the additional counter affidavit, -2- it is stated that the 2nd respondent was entitled to be accorded sanction without reference to the 15 feet lane also. In that view of the matter, the sanction accorded o the 2nd respondent needs to be re-considered. Therefore, the 1st respondent is directed to pass fresh orders on the application submitted by the 2nd respondent for sanction, without any reference to the 15 feet land exclusively owned by the 2nd respondent and without ordering any widening thereof. This however, shall not be construed as exempting either the corporation or the 2nd respondent from the requirement under any bye-laws. This exercise shall be completed within a period of two weeks from today. ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1. The Commissioner and Special Officer, Greater Hyderabad Municipal Corporation, B.R.K.R. Buildings, Tank Bund Hyderabad 2. Sri Farhathullah Jaweed S/o Late Inayathulla Khan, Managing Partner, Maphar Constructions, a Partnership Firm, Office at 102, Maphar Exotics H.No. 10-2-289/7/A, Shanthinagar, Masab Tank Hyderabad 3. T Sandhya W/o Late T Vijayabhaskar Reddy, R/o H No 5-9-89 (P) Chappel Road, Fateh Maidan, Hyderabad for her self and on behalf of their 1. T Lakshitha Reddy 2. T Lakshman Reddy ( being minors) 4. One CC to Dr. P. Bhaskar Mohan, Advocate (OPUC) 5. One CC to Sri R. Ramchandra Reddy, S.C. GHMC, High Court of A.P.,Hyderabad. (OPUC) 6. One CC to Sri Javed Razack, Advocate (OPUC) 7. Sri B. Sarvotham Reddy, Advocate, High Court of A.P., Hyderabad (BY SPECIAL MESSENGER with a copy of petition and all the material papers and a copy of warrant drafted separately) 8. One spare copy. HIGH COURT LNR.J DATED: 22-02-2010 ORDER W.P.NO. 21346 OF 2009 DIRECTION Bsr Dt. 22-2-2010 HIGH COURT LNR.J DATED: 22-02-2010 ORDER W.P.NO. 21346 OF 2009 DIRECTION