IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No : 9679 of 2008 Between: 1 Nazeeruddin S/o. Late Sued Azizuddin R/o. No. 20-7-221, Qazipura , Hyderabad. 2 Syed Jameeluddin Hussaini S/o. Syed Khaleelullah Hussaini, R/o. No. 9-4-1345/43, Aruna Colony, Tolichowki Hyderabad. 3 Syed Abdul Wasy S/o. Syed Abdul Raoof R/o. H.No. 13-3-106, Mustaidpura, Hyderabad. 4 Mohd. Abdul Hadi S/o. Mohd. Abdul Hai R/o. H.No. 9-4-134/43, Aruna Colony, Tolichowki Hyderabad. 5 Syed Faseehuddin S/o. Syed Azizuddin R/o. No. 20-7-221, Qazipura, Hyderabad. ..... PETITIONERS AND 1 Greater Hyderabad Municipal Corporation Rep. by its Commissioner, Having office at Tank Bund, Hyderabad. 2 The Assistant City Planner New Circle-IV (old Circle-I) Greater Hyderabad Municipal Corporation Having Office at Sardar Mahal, 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 order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in not receiving the application of the petitioners for permission of construction of 3rd and 4th floors in the building premises bearing municipal No. 16-2-835 admeasuring 5051.12 sq. yards under Sy.Nos. 45/1&2 and 46/1&2 situated at Saidabad as illegal, arbitrary and vioaltive of principles of natural justice and in violation of provisions of Hyderabad Municipal Corporation Act and consequently direct the respondents to receive and consider the application of the petitioners for permission of construction of 3rd and 4th floors in the building premises bearing Municipal No. 16-2-835 admeasuring 5051.12 sq. yards under Sy. Nos. 45/1&2 and 46/1&2 situated at Saidabad and to pass such other order or orders Counsel for the Petitioners : Sri Mohd.Moin Ahmed Quadri Counsel for the Respondents : Sri R.Radha Krishna Reddy The Court made the following O R D E R: This writ petition has been instituted complaining that the 1st respondent – Greater Hyderabad Municipal Corporation is not receiving and entertaining the application seeking permission for construction of 3rd and 4th floors on the existing building bearing Municipal No.16-2-835 situated at Saidabad, Hyderabad. Sri R. Radha Krishna Reddy, learned Standing Counsel states that the Corporation, being a public authority and functioning within the parameters of the Hyderabad Municipal Corporations Act, 1955, cannot decline to entertain any application, but the question of processing any such application would arise, provided the same is accompanied by such necessary material, which can satisfy the sanctioning authority about the title of the applicant seeking permission to make such constructions. He further states that if the petitioners submit the application seeking building permission and if it is in accordance with law, the Corporation will not decline to entertain the same. In view of the statements made by the learned Standing Counsel, no purpose would be served by confining this writ petition pending, except ordering that the Corporation will receive and process the application seeking permission for construction and deal with the same in accordance with law. With this, the writ petition stands disposed of, but however, without costs. (NOOTY RAMAMOHANA RAO, J) 1st May 2008 Note: Issue CC in three days. (bo) ksld ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{VSMI}