IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 26799 of 2008 Between: 1 G.Nikhil S/o.Sesidhar R/o.Plot No.308,Studio Sycomor apartments Road No.4,Banjara Hills,Hyderabad 2 Smt.V.Adilakshmi W/o.V.Appa Rao Flat No.303,Shell Homes, Matrusree Nagar Miyapur, Ranga Reddy District ..... PETITIONER(S) AND 1 The Greater Hyderabad Municipal Corporation of Hyderabad,rep.by its Commissioner, Tank Bund road Hyderabad 2 The Deputy Commissioner,GHMC,Circle -II, Chanda Nagar,Hyderabad 3 The R.D.O., Chevella Division, Ranga Reddy District 4 The Hyderabad Urban Development Authority, rep.by its Vice Chairman, Secunderabad at 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 issue a writ of mandamus declaring the inaction of the respondents in considering and issuing the construction permission and sanctioned plan to the petitioners for construction of building in plot No.593 in Survey No.44/1 of Mathurshree nagar,Miyapur village,Sherlingampally Mandal, Ranga Reddy District as per the building of permit application form and plan submitted by the petitioners on 1.10.2008 as illegal, irregular contrary to HMC Act, arbitrary, unconstitutional unjustified and unsustainable and direct respondents to issue the construction permission and sanction plan to the petitioners in respect of the above said plots. Counsel for the Petitioner:MR.P.VEERA REDDY Counsel for the Respondent No.: SMT.KALPANA EKBOTE The Court made the following : ORDER This writ petition has been filed seeking a Mandamus to declare the inaction of the respondents in considering and issuing the construction permission and sanctioned plan to the petitioners for construction of building in plot Nos.593 in Survey No.44/1 of Mathrushreenagar, Miyapur Vilalge, Sherlingampally Mandal, R.R.District, as per the building permission application form and plan submitted by the petitioners on 1.10.2008, as arbitrary, illegal and contrary to the Hyderabad Municipal Corporation Act. The prayer in the writ petition itself is in narrow compass. The learned standing counsel for the Greater Hyderabad Municipal Corporation appearing on behalf of the respondents No.1 and 2 fairly conceded that this writ petition can be disposed of following the judgment of this Court in WP No.12967 of 2008. Accordingly, this writ petition is disposed of at the admission stage, directing the 2nd respondent to entertain the Building Permission Application of the petitioner and consider the same subject to the petitioners satisfying the requirements of Section 428 of the Hyderabad Municipal Corporation Act, 1955. However, in the event of LGC case, which is pending before the Special Court, being decided against them, the petitioners shall not claim equities or compensation for cost of the building proposed to be constructed by them. No costs. _________ 10-12-2008 rkk