IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 21791 of 2006 Between: 1 Thirumala Pragada Kishan Rao, S/o. T. Seetharama Rao, R/o.C/o.H.No.8-32, Nehrunagar, Ramanghapur(V) Uppal Mandal, Ranga Reddy District. 2 A. Venkata Gopala Krishna Murthy, S/o. Buggaiah, R?o.H.No.8-32, Nehrunagar, Ramanthapur(V) Uppal Mandal, Ranga Reddy District. 3 Smt. Shanta Aedma, W/o.Narasinga Rao Aedma, R/o.H.No.1-1-475/2, Gandhinagar, Hyderabad. 4 Thati Yadagiri, S/o.Venkata Ramaiah, R/o.H.No.10-6-70/A, Suryapet, Nalgonda Dist. ..... PETITIONER(S) AND 1 Uppal Muncipality,rep.by its Commissioner, Uppal, Ranga Reddy District. 2 Hyderabad Urban Development Authority,rep.by its Vice Chairmann, Begumpet, Hyderabad. 3 District Collector, Ranga Reddy District at Hyderabad. 4 Mandal Revenue Officer, Uppal Mandal, Ranga Reddy District. 5 Executive Engineer, Irregation & Command Area Development Department, Government of Andhra Pradesh, l.B. Division, Hyderabad. .....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 of Mandamus or any respondents in not granting construction permission to the petitioner pursuant to the building application which was submitted, on the ground that the plot of the petitioner may fall in the submergence of the Full Tank Level of pedda Cheruvu Tank/Ramanthapur Tank, is arbitrary and illegal and consequently direct the respondents to issue construction permission to the petitioners in respect of Plot Nos.240/P and 241/p extent 166 sq yards, Plot No.242 extent 277 sq.yards, plot Nos.228& 227/part extent 500 sq.yards,plot Nos.215 and 216/part extent 500 sq.yard,and plot No.240/part extent of 166 sq,yards in Sy.No.43 of Ramanthapur Village, Uppal Mandal, Ranga Reddy District, in accordance with law and without holding the same on the ground that the plots of the petitioners may fail in the submergence area of the Full Tank Level of Pedda Cheruvu Tank/Ramanthapur Tank and grant such other relief as it deems fit in the circumstances of the case. Counsel for the Petitioner:MR.V.VENKATARAMANA Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No. 21791 OF 2006 ORDER: 1. The petitioners filed the writ petition assailing the inaction of the respondents on the applications filed by them for construction of houses in plots bearing Nos. 240/P, 241/P, 242,228 and 227/P, 215 and 216/Pd Pot No.240/Part situated at Ramanthapur village, Uppal Mandal, Ranga Reddy District. 2. The petitioners are owners of house plots comprising Survey No. 43 of Ramanthapuram village. They submitted building plans to the 1st Respondent Municipality and paid sub-division/consolidation charges, and lay out charges. The respondents did nto consider the applications submitted by the petitioners on the premise that land in Survey No. 42, 43 and 44 of Ramanthapur village is falling in the submergible area of Full Tank Level of Chervu Tank. Neighbour to the petitioners namely G. Jalandar filed W.P.No. 16397 of 2004 when the 1st Respondent Municipality failed to consider his building permission application. His Writ Petition came to be allowed on 13-4-2005. Thereupon the 1st Respondent Municipality granted construction permission to G. Jalandar on 20-10-2005. Some of the plot owners approached the High Court and obtained similar orders. Therefore, the petitioners choose to invoke the jurisdiction of this Court under Article 226 of the Constitution of India. 2. Learned counsel for the petitioners submits that the issue involved in the present writ petition is squarely covered by the judgment of this Court in W.P.No. 16394 of 2004, dated 13-4-2005. (G. Jalander Vs. Uppal Municipality represented by its Commissioner and others). This factual aspect is not controverted by the learned standing counsel appearing for the respondents No.1 and 2. 3. Such is the situation, the writ petition is disposed of directing the respondent No.1- Uppal Municipality to act in accordance with A.P. Municipalities Act and Building Rules and Regulations and Master Plan etc., of Urban Development Authorities and if all the requirements are satisfied, not to reject the same merely on the basis that it falls within the full tank level of Pedda Cheruvu and consider the same subject to their undertaking that they are proceeding with the construction at their own risk and would not claim compensation for the building, or for the other eventualities in case of risk or acquisition for preserving the land for full tank level. No order as to costs. _____________________________ Justice B.Seshasayana Reddy 10th June, 2008. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No. 21791 OF 2006 10th June, 2008.