IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWELFTH DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 26090 of 2008 Between: 1 M/s. Oorjita Builders & Developers Pvt. Ltd. represented by its Managing Director, K.Srinivas Reddy Plot No.6A, P&T Colony, Karkhana, Secunderabad - 500009. 2 Mohammed Ferozkhan S/o.Nazeer Mohammed Khan H.No.11-4-627/1, A.C. Guards, Hyderabad. ..... PETITIONER(S) AND 1 The Government of A.P. represented by the Secretary, Municipal Administration & Urban Development (M) Department, Hyderabad. 2 The Greater Hyderabad Municipal Corporation, represented by the Commissioner, Hyderabad. 3 The Greater Hyderabad Municipal Corporation, Assistant City Planner, Office of the Asst. City Planner, Town Planning Section, Circle X, Khairatabad, Hyderabad. .....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 to issue a writ order or direction more particularly in the nature of Mandamus, declaring the action of the Respondents 2 and 3 in rejecting the Building Application of the Petitioners dated 2.6.2008, submitted by the 1st Petitioner, vide the Proceedings No. 120/76/3/2/8/2008 dated 18.10.2008 of the 3rd Respondent on 24.11.2008, as arbitrary, illegal, against the principles of natural justice, untenable and unconstitutional and consequently to direct the Respondents to reconsider the Building Application of the Petitioners dated 2.6.2008, submitted by the 1st Petitioner on its own merits, after giving a fair opportunity to the Petitioners and to pass such other and further reliefs as may be deemed fit and proper. Counsel for the Petitioner: MR.T.SREEDHAR Counsel for the Respondent No.: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following: ORDER: This writ petition is filed seeking a mandamus to declare the action of the 3rd respondent in rejecting the 1st petitioner’s Application dated 2.6.2008 for permission to construct a building, vide Proceedings dated 18.10.2008 issued by the 3rd respondent, as arbitrary and illegal, and a consequential direction to the respondents to reconsider the Application on its own merits, after giving a fair opportunity to the petitioners. The 1st petitioner is M/s.Oorjita Builders & Developers Pvt. Ltd. and the 2nd petitioner is the absolute owner of a house and appurtenant site, which is in an extent of 800 square yards bearing Plot No.92/A situated at Road No.12, Banjara Hills at Hyderabad and is in peaceful possession and enjoyment of it. While so, the petitioners have entered into a Registered Development Agreement- cum-General Power of Attorney Deed dated 22.4.2008 for construction of a commercial complex in the Schedule Property. The 1st petitioner submitted an application dated 2.6.2008 seeking permission to construct a commercial complex in accordance with the proposed building plans by paying Rs.7,050/- towards permission for construction, Rs.1,33,780/- towards conversion charges and Rs.1,50,000/- towards water supply and sewerage improvement charges to the 3rd respondent. Now, the petitioners’ grievance is that though the 1st petitioner has fulfilled all requirements, the 3rd respondent, vide his Proceedings dated 18.10.2008, rejected the 1st petitioner’s application. Heard the learned counsel for both the parties and perused the material placed on record. As it is the stand of the Greater Hyderabad Municipal Corporation that the land in question is an open space, and the right of same vests with the Corporation and the same is disputed by the petitioners stating that the land was originally belonged to the father of the 2nd petitioner, and thereafter, title was passed on to the petitioners, the petitioners may approach the respondent-Corporation and establish their title over the land in question. Hence, this Court is inclined to dispose of the writ petition with the following directions: “The petitioners are directed to make a representation to the respondent-Corporation within a period of one week from today, and on such representation being filed, the respondent- Corporation, after holding an enquiry by affording an opportunity to the petitioners to put forth their version, shall pass appropriate orders thereon in accordance with law, within a period of two weeks thereafter. No costs.” With the above directions, this writ petition is disposed of. No costs. __________________ 05th December, 2008 SKM