IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 19361 of 2007 Between: R. Jaya Kumar S/o. R.K. Panaicker, R/o. 18-8/2, Gopal Nagar, Malkajigiri, Hyderabad. ..... PETITIONER AND 1 Greater Hyderabad Municipal Corporation, Rep. by its Commissioner, Tank Bund, Hyderabad. 2 The Commissionr, Malkajigiri Municipality, Malkajigiri, Hyderabad. 3 The Deputy Commissioner, Greater Hyderabad Municipal Corporation, Malkajigiri Municipality, Malkajigiri, Hyderabad. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue writ order or direction more particularly one in the nature of writ of Mandamus direct the respondents to grant permission for construction of the building in lay out plot No,. 31 of Sy.No. 63/1 and 67 situated at Suryanagar-I, Malkajigiri Municipality, without insisting for obtaining clearance certificate from the Mandal Revenue Officer, Malkajigiri and consequently set aside the proceedings No.G2/192/2007 dt. 31-3-2007 of the second respondent and subsequent proceedings dt.9-5-2007 of the third respondent as illegal, arbitrary without jurisdiction and contrary to the provisions of A.P. Municipalities Act, 1965 and rules made there under and pass such other order or orders as this Hon'ble Court may deems fit and proper, in the interest of justice. Counsel for the Petitioner:MR.L.PRABHAKAR REDDY Counsel for the Respondent No.: R.RAMACHANDRA REDDY,SC FOR MCH 1,2,4&6 The Court made the following : ORDER: This writ petition has been filed by R.Jaya Kumar with a prayer to issue a writ, order, or direction, more particularly, one in the nature of writ of Mandamus directing the respondents to grant permission for construction of the building in lay out plot No.31 comprising Survey No.63/1 and 67, situated at Suryanagar-I, Malkajigiri Municipality, without insisting for clearance certificate from the Mandal Revenue Officer, Malkajigiri. 2. The petitioner is owner of a residential building bearing No.30- 88/31 of Plot no.31, admeasuring 200 sq. yards comprising Survey No.62/1 and 67, situated at Suryanagar-I, Malkajigiri. He purchased the same under a registered sale deed dated 06.07.2005 from Singam Ramaiah and 8 others. The authorities after conducting an enquiry granted occupancy rights certificate in favour of his vendors viz., Singam Ramaiah and 8 others on 29.10.1994 under the provisions of the Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955, in respect of Ac.10.38 guntas of land comprising Survey Nos.61, 62, 63/1 and 67 of Malkajigiri. Pattadar passbook bearing Patta No.7/title deed was also granted in the name of his vendors. There is no dispute whatsoever in respect of the land owned by his vendors. His vendors divided the land into residential plots and got the lay out approved by the Gram Panchayat, Malkajigiri, vide permit No.3458/A on 16.10.1967. He purchased plot No.31 under a registered sale deed dated 06.07.2005. He made an application under the provisions of the Andhra Pradesh Municipalities Act, 1965, seeking permission for construction of a residential building on 30.03.2007 duly enclosing necessary plans prepared by the architect to the Commissioner, Malkajigiri Municipality- 2nd respondent. He also paid the necessary fee payable in respect of sanction of the building permission as required under the Rules. The Commissioner, Malkajigiri Municipality-2nd respondent in proceeding No.G2/192/2007, dated 31.03.2007, informed the petitioner to furnish clearance certificate from the competent authority. According to the 2nd respondent, the plot of the petitioner is falling in full tank level area as per the markings given by the Assistant Engineer of Irrigation Department. It is the contention of the petitioner that the proceeding issued by the 2nd respondent is illegal, void apart from self-contradictory and violative of principles of natural justice. 3. Sri R.Radhakrishna Reddy, learned Standing Counsel received notice on behalf of the respondents-Corporation. 4. Heard learned counsel appearing for the petitioner and learned Standing Counsel appearing for the respondents-Corporation. 5. Learned counsel appearing for the petitioner submits that the issue involved in this writ petition is squarely covered by the judgment of this court in W.P.No.16397 of 2004 as confirmed by a Division Bench of this Court in Writ Appeal No.124 of 2007 and therefore, this writ petition is required to be disposed of in terms of the order passed in W.P.No.16397 of 2004. 6. In that view of the matter, the writ petition is disposed of at the admission stage with a direction to the 3rd respondent to consider the representation of the petitioner and see whether it is in accordance with the provisions of the Andhra Pradesh Municipalities Act and the building rules and regulations, and master plan etc., of the Urban Development Authorities and if all the requirements are satisfied, not to reject the same merely on the basis that it falls within the full tank level of Bandacheruvu, Malkajigiri and consider the same subject to the undertaking given by the petitioner that the construction is at his own risk and he would not claim compensation for the building, or for the other eventualities in case of risk or acquisition, for preserving the land for full tank level. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:17th July, 2008. cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{VSMI}