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 : 204 of 2007 Between: K.Garata REddy S/o.China Peera Reddy Plot No.82, Chanda nagar, Near Sharada Vidya Mandir Miyapur, Hyderabad ..... 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 house in Plot No.108 situated in Sy.No.211 of Madeenaguda Village, Serilingampally 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 Survay Number ie.No.211 of Madeenaguda Municipally, Serllingampally Mandal, vide proceedings in Lr./No.12400/P4/Pig/HUDA/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 as Plot No.108 situated in Sy.No.211 of Madeenaguda Municipally, Serilingampally Mandal and pass such other or further order 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. Garata Reddy assailing the action of the respondents in not granting permission for construction of residential house in Plot No.108, situated in S.No.211 of Madeenaguda Village, Serilingampally Mandal. The petitioner is the owner of Plot No.108, admeasuring 200 sq. yards in S.No.211 of Madeenaguda Village, Serilingampally Mandal. He submitted an application, dated 17.7.2006 for grant of building permission for construction of residential house on the said plot. The Commissioner, Serilingampally Municipality through his letter, bearing Lr.No.G/2303/06, dated 31.07.2006 informed the petitioner that grant of building permission for plot No.108 will be considered only after clarification is received from Hyderabad Urban Development Authority. Assailing the same, the present writ petition has been filed stating that long prior to the constitution of Municipality, there is a house in the plot owned by him and as such keeping his application in abeyance pending clarification from HUDA, is unjustified. Heard learned counsel appearing for the petitioner, learned Standing Counsel appearing for respondents 1 to 3 and learned Standing Counsel appearing for the Hyderabad Urban Development Authority-fifth respondent. Since the petitioner submitted building plan and relevant documents along with the application, dated 17.07.2006, his application has to be disposed of in accordance with the provisions of Hyderabad Municipal Corporation Act and the Rules 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, dated 17.07.2006 submitted by the petitioner for building permission plan, and pass appropriate order 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 Js. ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Commissioner, Serilingampally Municipality, Serilingampally, R.R.District. 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 Vice-Chairman Hyderabad Urban Development Authority, Secunderabad. 6 2 CD copies.