IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 24132 of 2008 Between: 1 Shankarlal Pallod S/o. Late Govardhanlal Pallod R/o./ 1-2-113, Panduranga Mohalla, Zaheerabad, Medak District. 2 Brijgopal Pallod S/o. Late Govardhanlal Pallod R/o./ 1-2-113, Panduranga Mohalla, Zaheerabad, Medak District. 3 Rajgopal Pallod S/o. Late Govardhanlal Pallod R/o./ 6-2-1199/2, Umanagar Colony, Begumpet, Hyderabad. 4 Purushotham Pallod S/o. Late Goverdhanlal Pallod R/o. 6-3-248/3/A, 1st Floor, Maruthi Heights, Road No. 1, Banjara Hills, Hyderabad. 5 Kamal Kishore S/o. Ballabhdas Pallod R/o./ 1-2-113, Panduranga Mohalla, Zaheerabad, Medak District. ..... PETITIONER(S) AND Zaheerabad Municipality Rep. by its Commissioner at Zaheerabad, Medak District. .....RESPONDENT 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 an appropriate writ or order or direction, one in the nature of writ or mandamus, i) declaring the action of the respondent in not granting building permission to the petitioners for construction in Sy.No. 146, Subhash Gunj, Zaheerabad, as Arbitrary, illegal, without jurisdiction, and violative of Art. 14 and 300-A of the Constitution of India; and consequently Proc. No. 866/2008 and 867/2008 dated 17-9-2008 of the Respondent may be set aside; and ii) direction may be issued to the respondent to grant building permission (residential or non-residential) to the petitioners in Sy.No. 146, Subhash Gunj, Zaheerabad, in accordance with law, not withstanding the pendency of the Civil Suit being OS.No.139/2007 on the file of Principal District Judge, Medak at Sanga Reddy; iii) costs be awarded to the petitioners. Counsel for the Petitioner:MR.B.MAHENDER REDDY Counsel for the Respondent No.: MR.P.RADHAKRISHNA The Court made the following : THE HON’BLE SRI JUSTICE GOPALAKRISHNA TAMADA W.P.No.24132 of 2008 O R D E R: This writ petition is filed seeking a writ of Mandamus declaring the action of the respondent in not granting building permission to the petitioners for construction in Sy.No.146, Subhash Gunj, Zaheerabad, as arbitrary and illegal. The petitioners and their family members are stated to be in continuous possession and enjoyment of the land in Sy.No.146, admeasuring Ac.14.34 guntas, since 1942, having inherited the same by way of succession from one late Govardhanlal Pallod. It is the case of the petitioners that they have constructed Oil Mill, Cement Concrete Platform, Cinema theatre, Shops and other temporary sheds in part of the said land, having obtained permission from the respondent Municipality. It is their further case that they wanted to undertake constructions in the remaining portion of the subject land and in that context they submitted a building plan for approval, but the same was rejected on 17.9.2008 stating that the site is in dispute and the matter is pending before a competent Civil Court. Questioning the said order, the present writ petition is filed. A detailed counter-affidavit is filed by the respondent-Municipality. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondent-Municipality. Having considered the submissions made by the counsel, this Court is of the view that the rejection order dated 17.9.2008 is illegal. It is true that a civil suit, being O.S.No.139 of 2007, instituted by the respondent Municipality against the petitioners is pending on the file of the District Judge, Medak District at Sangareddy. On earlier occasions, when the petitioners were not permitted to proceed with constructions, they have approached this Court and filed writ petitions. The said writ petitions were allowed by a Single Judge of this Court and the same was confirmed by a Division Bench of this Court by way of Judgment dated 13.04.2005 in W.A.No.674 of 2004 and batch, observing as hereunder: “Suffice it to hold that the Municipality on its own cannot be permitted to interfere or meddle with the possession and enjoyment of the writ petitioners over the lands in question in whatsoever manner” Again, when the writ petitioners were not permitted to proceed further with the constructions, they approached this Court and filed W.P.No.4953 of 2006, which was allowed by a learned Single Judge of this Court, by order dated 8.8.2006, in the following manner: “ The writ petition is accordingly allowed however subject to further direction i.e. any further constructions which may be proceeded by the petitioners would be subject to the result of any civil litigation which may be initiated or if already initiated, as the case may be, by the Zaheerabad Municipality”. When once this Court has specifically held that the respondent- Municipality has no right whatsoever to do anything on its own and that any constructions are subject to the result of the suit, in my considered view, the respondent-Municipality is not justified in rejecting the building plan submitted by the petitioners for approval. Accordingly, the respondent-Municipality is directed to process the building plan submitted by the petitioners and approve the same in accordance with law, within a period of two weeks from the date of receipt of a copy of this order. It is made clear that the constructions, if any, made by the petitioners pursuant to such approval, are subject to the result of the suit O.S.No.139 of 2007 instituted by the respondent- Municipality. It is further made clear that the petitioners at a later stage shall not plea equities. Accordingly, the writ petition is allowed, setting aside the impugned rejection order dated 17.09.2008 passed by the respondent Municipality. There shall be no order as to costs. ____________________________ JUSTICE GOPALAKRISHNA TAMADA 23rd December, 2008 PNV THE HON’BLE SRI JUSTICE GOPALAKRISHNA TAMADA W.P.No.24132 of 2008 23rd December, 2008