IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 18301 of 2008 Between: 1 V.M. Jayant Kumar S/o. Late Manikyam R/o. Flat No. 308, Gyandeep Towers, Moosarambagh, Hyderabad 2 V.M. Santosh Kumar S/o. Late Manikyam R/o. Flat No. 308, Gyandeep Towers, Moosarambagh, Hyderabad ..... PETITIONER(S) AND 1 The Greater Hyderabad Municipal Corporation Rep. by its Deputy Commissioner, Circle-2 Uppal, Hyderabad District. 2 Hyderabad Urban Development Authority Rep.by its Vice Chairman, Begumpet, Hyderabad. 3 The District Collector, Ranga Reddy District. 4 The Madnal Revenue Officer, Uppal Mandal Ranga Reddy District. 5 The Executive Engineer, Irrigation Department, North Tank, Budda Bhavan, Tank Bund, 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 or order or direction more particularly one in the nature of writ of Mandamus declaring that the inaction on the part of the Respondents in not granting building permission for construction of residential houses in favour of the petitioners herein on the ground that the plots of the Petitioners may fall in the submergence of Full Tank Level of Peddacheruvu Tank/Ramantapur Tank as illegal, arbitrary and consequently direct the respondents to grant building permissions in favour of the petitioners herein, pursuant to the Building Permission Application made by them on 17-7-2008 in respect of an extent of 305.02 sq. yards bearing Plot No. 21 part and 22 part, Sy.No. 65/A, 65/AA, 65/E & 65/EE (Old Sy.No. 65/1) situated at Ravindra Nagar Colony,. Habsiguda, Hyderabad in accordance with law, without holding that the said plots may fall in the submergence area of Full Tank Level of Peddacheruvu Tank/Ramantapur Tank and pass Counsel for the Petitioner:MR.CHANNA RAMASEKHARA RAO Counsel for the Respondent No.: R.RAMACHANDRA REDDY,SC FOR MCH 1,2,4&6 The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 18301 OF 2008 ORDER: This writ petition is filed by the petitioners who are two in number with a prayer to issue a writ, order or direction more particularly one in the nature of writ of mandamus to declare the inaction on the part of the respondents in granting construction permission to the petitioners in respect of Plot Nos. 21 and 22 Part, in Survey Nos. 65/A,65/AA, 65/E * 65/EE, (Old Sy.No. 65/1), situated at Ravindra Nagar Colony, Habsiguda, Hyderabad. 2. When the writ petition came up for admission, the learned standing counsel of Greater Hyderabad Municipal Corporation received notice on behalf of the respondents 1 and 2. 3. Heard learned counsel appearing for the petitioners and learned standing counsel appearing for the respondents 1 and 2 and submits that the issue involved in this writ petition is squarely covered by the judgment of this Court in W.P.No. 24126 of 2007 dated 15-11-2007. 4. The learned Single Judge in W.P.No. 24126 of 2007 directed respondent No.1 to consider the application of the petitioner for building permission in accordance with the building rules and regulations and master plan etc., of the Urban Development Authority and if all the requirements are satisfied, he shall not reject the same merely on the basis that the plot falls within the full tank level of Peddacheruvu. The learned Judge also directed the petitioner therein to give an undertaking that in the event the property is acquired for preserving the land for full tank level, the petitioners shall not claim compensation for the structure to be raised by him. 5. In view of the same, the Writ Petition is disposed of at the admission stage in terms of the order, dated 15.11.2007, passed in W.P.No.2416 of 2007 with the direction that the same shall be read as a part of this order. No order as to costs. _____________________________ Justice B.Seshasayana Reddy 22nd August, 2008. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 18301 OF 2008 22nd August, 2008.