IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF MARCH TWO THOUSAND AND FIVE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 5108 of 2005 Between: 1. Ch. Srinivas, S/o. Suryanarayana, Resident of MIG 101, Bharatnagar Colony, Hyderabad - 18. 2 K. Raghu Ram Raju, S/o. Ramchander Raju, Resident of Flat No. 202, Nikhil Residency, Viveknagar, Kukatpally, Hyderabad. 3 K. Sreepadma, W/o. Srivasarao, Resident of H.No. 72/112, Padmasali Co-operative Society, Venture-II, Bolakpur, Secunderabad - 3. 4 P. Poolamma, W/o. Venkatreddy, Resident of Bagh Ameer, 3/2/92, Kukatpally, Hyderabad. 5 K. Padmaja, W/o. Mahinder, resident of Plot No. 165, Road No. 9, Venkataraonagar Colony Kukatpally, Hyderabad. ..... PETITIONERS AND 1 The Commissioner, Serilingampally Municipality, R.R. District. 2 Town Planning Officer, Serilingampally Municipality, R.R. District. .....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 accepting the applications of the petitioners for construction of a residential houses as illegal, arbitrary, discriminatory and violative of Article 14 of the Constitution of India and contrary to Section 209 of Municipalities Act and the Rules made there under and consequently direct the respondents to consider the application submitted by the petitioner on par with similarly situated persons. Counsel for the Petitioner:MR.N.SUBBA RAO Counsel for the Respondents.: MR.POLISETTI RADHAKRISHNA (SC FOR MPL) The Court made at the admission stage the following : THE HON’BLE MS. JUSTICE G.ROHINI WRIT PETITION NO.5108 OF 2005 ORDER : This writ petition is filed questioning the alleged action of the respondents in refusing to receive the applications of the petitioners for construction of residential houses in Plot Nos.224, 140, 21-B, 69/A & 69/B and 26 of Madinaguda Village. The petitioners state that they are the owners and possessors of the plots in question which are situated in approved layout. It is stated that they submitted an application dated 5-3-2005 under the provisions of the A.P. Municipalities Act, 1965 (for short, ‘the Act’) with a request to accord permission to undertake construction in their respective plots. However, the respondents refused to receive the same without there being any justifiable reason. Hence, this writ petition. When the matter is taken up for consideration, it is represented by the learned Counsel for both the parties that W.P.No.4843 of 2005, filed by one of the plot owners in the same Sy.No.211 of Madinaguda village, with an identical prayer was disposed of by this Court by order dated 11-03-2005 observing that there does not exist any justification for the respondents to refuse to receive the application seeking permission to construct a building. In the said case, it was also observed that in case there exist any objections or impediments in the matter of grant of permission, the respondents can certainly reject the application stating the reasons therefor and accordingly the respondents were directed to receive the application of the petitioner therein and process the same in accordance with the provisions of law. Accordingly, the Writ Petition is disposed of with a direction to the respondents to receive the application of the petitioners seeking permission to construct residential houses and process the same in accordance with the provisions of the A.P. Municipalities Act, 1965. There shall be no order as to costs. __________________ 15th March, 2005. MRB To 1. The Commissioner, Serilingampally Municipality, Ranga Reddy district. 2. The Town Planning Officer, Serilingampally Municipality, Ranga Reddy District. 3. Two CD copies. To 1. The Commissioner, Serilingampally Municipality, R.R. District. 2 Town Planning Officer, Serilingampally Municipality, R.R. District. 3. Two CD copies.