IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWELFTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 13127 of 2009 Between: Singam Nageswar Rao ..... PETITIONER AND Greater Hyderabad Municipal Corporation, Malkajgiri, R.R.District rep.by its Commissioner, Malkajgiri, Ranga Reddy District and another. .....RESPONDENTS ORDER: The writ petition has been filed by one Singam Nageswar Rao with a prayer to issue Writ of Mandamus directing the respondents to consider his application for grant of permission to construct a compound wall and structures as per sanctioned layout No.345/1, admeasuring Ac.6.00 forming part of Survey Nos. 61, 62, 63/1 64/1 and 67, situated at Malkajigiri Ranga Reddy District, under the provisions of the Andhra Pradesh Municipalities Act, 1965. One Singam Ramaiah was the absolute owner and pattadar of the land admeasuring Ac.10.38 guntas together with structures comprising of Survey Nos.61, 62, 63/1, 64/1 and 67 situated at Malkajgiri, Rangareddy District. The said Singam Ramaiah was given pattadar pass book No.103967 and title deed No.213344 under the provisions of the A.P.Rights in Land and Pattadar Pass Books Act, 1971 by the Revenue Divisional Officer, Chevella. He was also given Occupancy Rights Certificate on 29.10.1994 under the provisions of the A.P.Telangana Area Abolition of Inams Act. He applied for and obtained Lay Out No.3458/A on 16-10-1997 from the then Gram Panchayat, Malkajgiri, and developed the land by making it fit for residential plots. He sold some plots and the purchasers constructed houses thereon. Petitioner being the son of Singam Ramaiah succeeded to lands owned by Singam Ramaiah. He is concerned with the land admeasuring Acs.6.00 and intends to construct compound wall and other structures thereon in respect of the plots owned by him. He made an application on 12.06.2009 to the respondents seeking permission to construct compound wall and structures thereon. The first respondent informed the petitioner under proceedings bearing No.G2/142/2008, dated 04.02.2008, that the land in Survey No.61, 62 and 63/1 of Malkajgiri is falling in Full Tank Level (FTL) area of Banda Cheruvu and therefore permission as sought for cannot be granted. The said proceedings are under challenge in this Writ Petition. Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondents. The learned counsel appearing for the petitioner submits that the issue involved in this petition is squarely covered by the judgment of this Court in W.P.No.16397 of 2004 as confirmed by a Division Bench in W.A.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. In that view of the matter, the writ petition is disposed of, at the admission stage, with a direction to the first respondent to consider the representation of the petitioner and see whether it is in accordance with the provisions of the Hyderabd Municipal Corporation 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 if falls within the full tank level of Banda Cheruvu, Malkajgiri and consider the same subject to the undertaking 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. There shall be no order as to costs. ___________________ N.V. RAMANA, J. Date: 12.08.2009 VGB