IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 17475 of 2008 Between: 1. Mrs. Suribhatla Bharamba, W/o. S.Suryanayanarayana, R/o. Flat No.305, Sriranga Nilayam, 1-2-25/A, St.No. 16, Gagan Mahal Road, Domalguda, Hyderabad-29. 2 Sri Chamarthi Narasimham, S/o. Sastrulu, 3 Sri Devarakonda Venkata Suryanarayana Murthy, S/o. Venkata Narsaiah Petr. 2&3 R/o. Flat No.10, 2nd Floor, Godavari Apartments, H.No.2-1-494, Opp: Nallakunta Post Office, Nallakunta, Hyderabad-44. ..... PETITIONER(S) AND 1 Greater Hyderabad Municipal Corporation, Rep. by its Deputy Commissioner, Serilingampally, Hyderabad. 2 Greater Hyderabad Municipal Corporation, Rep. by its Commissioner, Tank Bund, Hyderabad. 3 The Revenue Divisional Officer, Chevella Division, Attapur, R.R.Dist. 4 Hyderabad Urban Development Authority, rep. by its Vice Chairman, besides, City civil Court, Secunderabad. .....RESPONDENT(S) 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 or order or direction more particularly one in the nature of writ of Mandamus, declaring the action of the 1st respondent in refusing to receive the applications submitted by the petitioners for building permission on 11.07.2008, as arbitrary, illegal and unconstitutional and consequently direct the 1st respondent to receive the applications and to grant building permission to the petitioners in respect of their plots No.434, 435 and 449, all admeasuring 500 sq. yards, respectively , covered by Sy.No.44/1, situated at Miyapur Village, R.R. Dist., Hyderabad, in the light of the Order dt.02.03.2007 passed in WP.No.3973/2007, and to pass such Counsel for the Petitioner:MR.P.SHIV KUMAR Counsel for the Respondent No.: SMT.KALPANA EKBOTE The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 17475 OF 2008 ORDER: 1. This writ petition is filed by the petitioners who are three in numbers with a prayer to issue writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the 1st respondent in refusing to receive their building permission applications as illegal and arbitrary. 2. 1st petitioner is the owner and possessor of Plot NO. 434 admeasuring 500 square yards, 2nd petitioner is the owner and possessor of Plot NO. 435, admeasuring 500 square yards and 3rd petitioner is owner an possessor of Plot No. 449 admeasuring 500 square yards, covered by Survey No. 44/1, situated at Miyapur village. They purchased the house plots from M/s Matru Sri Cooperative House Building Society. 3. Heard learned counsel for the petitioners and learned standing counsel appearing for the respondents. 4. Learned counsel appearing for the petitioners submits that the issue involved in the writ petition is squarely covered by the judgments of this Court in W.P.No. 12861 of 2007 (U.V.K. Subba Rao Vs. Greater Hyderabad Municipal Corporation, Hyderabad and two others ) and W.P.No. 1833 of 2008 (J.V. Ramapathi Rao and others Vs. Greater Hyderabad Municipal Corporation and two others). 5. Indisputably no injunction is subsisting against the petitioners, or the society from whom the petitioners purchased the house plots. When similarly situated persons approached this Court, their writ petitions came to be allowed directing the respondents 1 and 2 to consider the Building Permission application filed by them. 6. Therefore, in the absence of any legal bar for granting building permission subject to the petitioners satisfying the requirements of Section 428 of the Hyderabad Municipal Corporation Act, 1955, the petitioners are entitled to grant of building permission. However, in the event of LGC case which is pending before the Special Court being decided against them, the petitioners shall not claim equities or compensation for cost of the building constructed by them. The respondents shall accordingly consider the application of the petitioners for granting building permission. 7. With the above observation this writ petition is disposed of at the admission stage. No order as to costs. ____________________________ Justice B.Seshasayana Reddy 19th August, 2008. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 17475 OF 2008 19th August, 2008