HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.30571 OF 2011 ORDER: This writ petition is filed under Article 226 of the Constitution of India to declare the action of the respondents in not issuing approval to the petitioner for construction of building, and kept the same pending since July, 2011, in respect of the land under house bearing Municipal Nos.1-6-54 and 1-6-55 admeasuring 66.32 sq. yards situated at Musheerabad, Hyderabad, as illegal, arbitrary and violation of principles of natural justice and also violation of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents to issue approval to the petitioner for construction of building. 2. Heard. 3. It is stated in the affidavit filed in support of the petition that the petitioner is the lawful owner and possessor of land under house bearing Municipal Nos.1-6-54 and 1-6-55 admeasuring 66.32 sq. yards situated at Musheerabad, Hyderabad, having acquired the same from her husband through registered gift settlement deed dated 19.1.2011; that since the house possessed by the petitioner is in dilapidated condition, now she wants to construct a building in the subject property after demolishing the old structures, that for that purpose she approached the respondents on 20.7.2011 with all required documents for obtaining approval, but the officials of the 2nd respondent neither issued any approval nor given any reasons for not issuing the approval and kept the same pending since July, 2011, and hence she filed the present writ petition. 4. The learned counsel for the petitioner contended that even though the petitioner applied for approval of the plan submaitted for construction of the building, the same has not been considered by the 2nd respondent and hence he prays to allow the writ petition. 5. On the other hand, the learned standing counsel appearing for the respondents contended that if sufficient time is given they will consider representation of the petitioner if it is in a prescribed format along with the requisite fee. 6. It seems the petitioner submitted an application in the month of July, 2011 for approval of plan along with relevant documents for the purpose of construction of building, but the 2nd respondent has not considered the same. Whether the application along with plan submitted by the petitioner is in required format or not and whether he paid the requisite building fee or not, are the matter to be considered by the 2nd respondent in accordance with law. Similarly, the 2nd respondent has to see whether the application along with plan submitted by the petitioner is in conformity with the building byelaws. Hence, the 2nd respondent is the competent authority to take appropriate decision in accordance with law on the application along with plan submitted by the petitioner, if it is in required format. 7. Accordingly, the writ petition is disposed of directing the 2nd respondent to take appropriate decision in accordance with law on the application along with plan dated 20.07.2011 submitted by the petitioner, if it is under the required format within a period of two months from the date of receipt of copy of this order. However, if the application submitted by the petitioner is not under the required format, the respondents can as well direct the petitioner to submit a fresh application in a required format. There shall be no order as to costs. _______________ K.C.BHANU,J. 18.11.2011, Gk. HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.30571 OF 2011 Date:18.11.2011 Gk.