THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION Nos.7865 and 7942 of 2008 ORDER: The non-official respondents (for short ‘the respondents’) in both the writ petitions submitted applications before the Greater Hyderabad Municipal Corporation (for short ‘the Corporation’), for grant of permission to construct buildings over the land in different survey numbers of Gudimalkapur Revenue Village, Hyderabad. Permit Nos.164/1 and 164/2 were granted on 10.03.2008 and permit No.132/98 was granted on 07.03.2008. The petitioners state that the respondents are their co-owners, proceedings under the Urban Land (Ceiling and Regulation) Act, 1976 have ensued before the concerned authorities and even before finality is reached as regards the respective holdings and entitlement, permissions were accorded by the Corporation. These writ petitions are filed challenging the permissions and the consequential proceedings. On behalf of the respondents, counter-affidavits are filed. It is stated that the partition has taken place among co- owners in the form of a compromise recorded by this Court in CCCA No.113 of 1976, which, in turn, arose out of O.S.No.447 of 1971 on the file of the II Additional Judge, City Civil Court, Hyderabad. It is also stated that recently, the petitioners filed O.S.No.378 of 2008 before the Chief Judge, City Civil Court, Hyderabad. Heard the learned counsel for the petitioners, the learned Government Pleader for revenue, the learned Standing counsel for the Corporation and the learned counsel for the respondents. The petitioners challenge the permits of construction issued by the Corporation mainly on the ground that the respective shares among various co-owners have not yet been determined after the proceedings ensued under the Act. By the time, the applications submitted by the respondents were processed, no proceedings were pending before any Court, much less, any disputes were existing in respect of the land. Hence, there was no occasion for the Corporation to return the applications or to insist the respondents to approach a Court of law. The petitioners appear to have filed a suit being O.S.No.378 of 2008 for partition during the pendency of the writ petition. They can claim all the ancillary reliefs including the one as to the legality and validity of the permissions of construction made by the respondents. Hence, the writ petitions are dismissed, leaving it open to the petitioners to pursue their remedies in the pending suit. There shall be no order as to costs. _____________________ L.NARASIMHA REDDY,J Dt:11.11.2009 kdl