THE HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.5682 of 2002 Date : 15-02-2011 Between : Lateef Mohammed Khan .. Petitioner and The Municipal Council of Serilingampally, Rangareddy District, rep. by its Commissioner and another .. Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.5682 of 2002 ORDER : Although the petitioner has filed this Writ Petition questioning the action of the 2nd Respondent viz., the then Cyberabad Development Authority in converting the land use in Sy.No.47/P of Guttala Begumpet Village from residential zone to recreational zone, the learned counsel for the petitioner during the course of arguments based on the reply-affidavit filed by the petitioner does not insist for the said relief. The petitioner, however, seeks a smaller relief by way of a direction to the 1st Respondent to receive and consider the application of the petitioner for undertaking a construction either for residential use or recreational use. The petitioner claims to be the owner of Plot No.33 admeasuring an extent of 300 square yards situated in Sy.No.47/P of Guttala Begumpet Village, Serilingampally Mandal by virtue of a registered sale deed dated 22-12-2000. It is stated that the said plot is within the approved lay out sanctioned in favour of Amar Cooperative Housing Society. The said lay out was approved by the then Cyberabad Development Authority in the year 1991 for residential purpose. Basing on the said approval, the petitioner approached the 1st Respondent for constructing a house. However, it appears that the land use was changed from residential purpose to recreational purpose in the year 2002. The petitioner claims that he has no knowledge of the same. Contending that that the change of use of land by revising the same in the year 2002 should not be retrospectively applied in the case of the petitioner, whose plot situated in the earlier lay out, which was approved in the year 1991, the petitioner has filed this Writ Petition for the aforesaid relief. Inasmuch as the petitioner is not insisting for the relief as sought for in the Writ Petition, there is nothing to adjudicate the said controversy. Be that as it may, the petitioner appears to have reconciled to the existence of the conversion of land use as recreational. That being so and the petitioner being the owner of the land is entitled to make use of the same for the purpose for which it can be put to according to rules. The 1st Respondent cannot have objection in receiving the application and consider the same as per law. In the circumstances, this Writ Petition is disposed of directing the 1st Respondent to receive the application of the petitioner for construction of a building on plot No.33 situated in Sy.No.47/P of Guttala Begumpet Village, Serilingampally Mandal, Ranga Reddy District and consider the same either for residential or for recreational purpose strictly as per the existing Master Plan and Zoning Regulations and pass appropriate orders thereon. There shall be no order as to costs. ________________ NOUSHAD ALI, J. 15th February, 2011. skmr