IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.11511 of 2005 BETWEEN: Bharat Petroleum Corporation Limited, Servicing and Filling Station, Warangal and another .. PETITIONERS AND Commissioner, Municipal Corporation, Warangal ...RESPONDENT The Court made the following: THE HON'BLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.11511 OF 2005 ORDER: Challenge is made in this Writ Petition, to the memo, dated 01.04.2005, issued by the Commissioner, Municipal Corporation, Warangal, whereunder the application filed by petitioner No.1 - Bharat Petroleum Corporation Limited, on 19.03.2005, seeking permission to construct a building to install servicing and petrol filling station on the land, was rejected on the ground that the place meant for construction of the building is earmarked for the purpose of park and the signature of the Gazetted Officer was not available on the required documents and therefore, petitioner No.1 was directed not to commence the work. According to petitioner No.1, petitioner No.2, who is owner of the land admeasuring 905 Square Yards in Survey Nos.757 and 764 situated at Mulug Road, Hanamkonda, Warangal District, entered into an agreement, leasing out the said land for a period of thirty years, commencing from 01.03.2003. Thus, petitioner No.1 submitted an application on 19.03.2005, to the respondent, along with the fees as required under the law. However, the said application was rejected on 01.04.2005 on the above noticed grounds. A detailed counter affidavit has been filed by the respondent stating that it does not know about the ownership of the land admeasuring 905 Square Yards in Survey Nos.757 and 764 situated at Mulug Road, Hanamkonda, Warangal District. As per the Master Plan sanctioned, the land in Survey No.757 is earmarked as an open space for the purpose of park. The Special Officer (Competent Authority) Urban Land Ceilings, Warangal, addressed a letter, dated 15.02.2005, to the Commissioner, Municipal Corporation, Warangal, stating that the land in Survey No.757 of Hanamkonda is in dispute and some cases are also pending before the Courts, and therefore, requested not to issue any permission for construction in the said land, till disposal of the cases. It is also stated that petitioner No.2 might have entered into an agreement with petitioner No.1 leasing the land in dispute for a period of thirty years commencing from 01.03.2003 for the storage of petroleum products, but since it was found that the land in Survey No.757 is a surplus land and is earmarked as open space for the purpose of park in the Master Plan, the permission was rejected. It is also stated in the counter affidavit that no objection certificates from some authorities would not create any right or title for installation of HSD outlet, without obtaining valid and proper orders from the Government and permission from the Warangal Municipal Corporation from Town Planning side, since no objection certificates issued by the Health Officer, Municipal Corporation, Warangal, is with regard to Public Health and by Superintendent of Police is with regard to Traffic, but not with regard to Master Plan. Therefore, rejection of the application of petitioner No.1 cannot be said to be either arbitrary or illegal. Be that as it may, it appears that petitioner No.1 had already commenced the construction of the building in 2005 and this Court at the time of admission of the writ petition, directed the respondent not to interfere with the petitioners land in Survey Nos.757 and 764 situated at Mulug Road, Hanamkonda, Warangal District. The learned counsel for the petitioners states that now the Urban Land Ceiling Act itself is repealed and whether the proceedings were pending as on the date of Repeal Act is not known. Hence, the respondent may be directed to reconsider the case of petitioner No.1. In the facts and circumstances, without expressing any opinion on the merits of the case, the Commissioner of Municipal Corporation, Warangal, is directed to reconsider the application filed by petitioner No.1 on 19.03.2005 for the purpose of construction of a building to install servicing and filling station on the land admeasuring 905 Square Yards in Survey Nos.757 and 764 situated at Mulug Road, Hanamkonda, Warangal District, without reference to the impugned order dated 01.04.2005, and pass appropriate orders as per law, within a period of eight weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of with the above direction. There shall be no order as to costs. _________________ C.V. RAMULU, J January 21, 2010 MD