IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No : 8691 of 2008 Between: 1 V.Appa Rao S/o.V.Purushotham R/o.Flat No.303, Shell Homes, Mathrushrinagar Miapur, Hyderabad 2 G.Kamalakar Rao S/o.G.Appa Rao MIG 168 Kukatpally Housing Board Colony Kukatpally, Hyderabad ..... PETITIONERS AND 1 The Greater Hyderabad Municipal Corporation of Hyderabad, rep.by its Commissioner, Tank Bund Road Hyderabad 2 The Deputy Commissioner, GHMC, circle -II,Chanda Nagar Hyderabad 3 The R.D.O.Chevella Divison, Ranga Reddy District 4 The Hyderabad Urban Development Authority rep.by its Vice Chairman , Secunderabad, at Hyderabad .....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 declaring the inaction of the respondents in considering and issuing the construction permission and sanctioned plan to the petitioners for construction of building in plot Nos.712 and 713 inSy.No.44/1 of Mathrushreenagar, Miyapur village,Sherilingampally Mandal, R.R.District as per the building of permit application form and plan submitted by the petitioners on 19.12.2007 as illegal, irregular contrary to HMC Act arbitrary, unconstitutional unjustified and unsustainable and direct the respondents to issue the construction permission and sanction plan to the petitioners in respect of the above said plots. Counsel for the Petitioners : Sri P.Veera Reddy Counsel for Respondent No.1 : Smt. Kalpana Ekbote The Court made the following O R D E R: This writ petition has been instituted complaining of the inaction of the respondents in taking up for consideration the application submitted by the petitioners for construction of buildings in plot Nos. 712 and 713 situated in Survey No. 44/1 of Mathrushree Nagar, Miyapur Village, Serilingampally Mandal, Ranga Reddy District. When the respondent authorities have not been considering the applications submitted by the prospective builders for construction of buildings in land, which has been identified as Mathrushree Nagar, Miyapur Village in Serilingampally Mandal, that issue has fallen for consideration before a Division Bench in Writ Petition Nos. 3973 of 2007 and batch and also before a Learned Single Judge in Writ Petition No. 12861 of 2007. The latter writ petition has been disposed of on 16th November 2007, the operative portion of which reads as follows: “ Therefore, in the absence of any legal bar for granting building permission subject to the petitioner satisfying the requirements of Section 428 of the Hyderabad Municipal Corporation Act, 1955, the petitioner is entitled to grant of building permission. However, in the event of LGC case, which is pending before the Special Court, being decided against him, the petitioner shall not claim equities or compensation for cost of the building constructed by him. The respondents shall accordingly consider the application of the petitioner for granting building permission.” Smt. Kalpana Ekbote, learned Standing Counsel for Municipal Corporation has fairly stated that in view of the directions contained in the order passed by the learned Single Judge, striking a balance between both the sides, it becomes appropriate for the Corporation to consider the applications of the petitioners also, subject to their satisfying the requirements of law and in particular that of Sections 428, 429 and 431 of the Hyderabad Municipal Corporations Act, 1955 and subject to their giving an undertaking to the 1st respondent – Corporation that they will not claim any equities in the matter in the event the land grabbing case, which is pending before the Special Court, is decided against them, at any later point of time. Accordingly, the applications submitted by the petitioners may be taken up for consideration and appropriate orders there on be passed at any rate before 31st May 2008. With this, the writ petition stands disposed of, but however, without costs. (NOOTY RAMAMOHANA RAO, J) 21st April 2008 Note: Issue CC in one week. (bo) ksld ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{SPJS}