IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 203 of 2007 Between: K.Rukmini, W/o. K.L.Pandurangam, Regimental Bazar Secunderabad.25 ..... PETITIONER AND 1 Serilingampally Municipality, Serilingampally, R.R.District, rep.by its Commissioner 2 Town Planning Officer, Serilingampally Municipality Serilingampally, R.R.District 3 The Special Commissioner, Greater Hyderabad Municipal Corporation, Hyderabad. 4 The Deputy Commissioner, Serilingampally (N) Circle-II, Greater Hyderabad Municipal Corporation, West Zone, Hyderabad. 5 The Hyderabad Urban Development Authority, Secunderabad, rep. by its Vice-Chairman. .....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 of Mandamus or any other appropriate writ order or direction declaring the action of the respondents in not granting permission in favour of the petitioner for construction of residential houses in plot No.50 situated in Sy.No.211 of Madeenaguda, village Serllingampaty Mandal, though subsequently HUDA has accorded technical approval in favour of owners of plot Nos,7 and 8 of the situated in the same layout and survey Number, i.e., Sy.No.211 of Medeenaguda Municipally, serllingampally Mandal, vide proceedings in Lr./No.12400/P4/Pig/HUDU/2005 dated 11-8-2006 as illegal and arbitrary and consequently direct the respondents to accord permission to the petitioner to construction of residential house in Plot No.50 situated in Sy.No.211 of Madeenaguda Municipality, Serllingampally Mandal and pass such other or further as are deemed fit and proper. Counsel for the Petitioner: MR.N.SUBBA RAO Counsel for the Respondents: SMT.KALPANA EKBOTE The Court made the following : ORDER: This writ petition has been filed by K. Rukmini, assailing the inaction of the respondents on her building permission application, despite paying necessary charges as directed by the Commissioner, Serilingampally Municipality in Lr.No.G/1782/2005, dated 3.07.2006. The petitioner claims to be the owner of Plot No.50 in S.No.211 of Madeenaguda village, Serilingampally Mandal. She submitted an application, dated 26.04.2005, for grant of permission for construction of a residential house on the said plot. She has been asked to pay Rs.36,400/- + Rs.1050/- towards short fall of open space charges, betterment charges etc. She paid the said amount under receipt dated 29.07.2006 and 30.07.2006 respectively. Despite paying the said amount, no action has been taken by the respondents on the building permission application submitted by her. Hence the present writ petition. Heard learned counsel appearing for the petitioner, learned Standing Counsel appearing for respondents 1 to 3 and learned Standing Counsel appearing for Hyderabad Urban Development Authority-fifth respondent. The factual aspect of the petitioner paying Rs.36,400/- + Rs.1050/- under receipts dated 29.07.2006 and 30.07.2006 respectively pursuant to the intimation given to her under Lr.No.G/1782/2005, dated 3.07.2006, is not in dispute. Once the petitioner paid the amount as demanded by the Commissioner, Serilingampally Municipality, her application is to be considered in accordance with the provisions of the Hyderabad Municipal Corporation Act and the Rules and Regulations made thereunder. In that view of the matter, the Writ Petition is disposed of at the admission stage, directing the respondents to consider the application filed by the petitioner for building permission as expeditiously as possible, preferably within a period of four weeks from the date of receipt of a copy of this Order. _________________________ (B. Seshasayana Reddy, J.) 14th July, 2008 Note: C.C. in 3 days. (B/o) Js. ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1 Serilingampally Municipality, Serilingampally, R.R.District, rep.by its Commissioner 2 Town Planning Officer, Serilingampally Municipality Serilingampally, R.R.District 3 The Special Commissioner, Greater Hyderabad Municipal Corporation, Hyderabad. 4 The Deputy Commissioner, Serilingampally (N) Circle-II, Greater Hyderabad Municipal Corporation, West Zone, Hyderabad. 5 The Hyderabad Urban Development Authority, Secunderabad, rep. by its Vice-Chairman. 6 2 CD copies.