Telangana High Court
WP/25776/2003 of Reddy Sangaiah, Vs Municipal Corporation of Hyderabad on 29 December 2009
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION NO.25776 OF 2003 Dt.29.12.2009 Between: Reddy Sangaiah … Petitioner And Municipal Corporation of Hyderabad Rep. by its Commissioner,
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)
PRESENT
THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY
WRIT PETITION NO.25776 OF 2003
Dt.29.12.2009
Between:
Reddy Sangaiah … Petitioner
And
Municipal Corporation of HyderabadRep. by its Commissioner, Hyderabadand another … Respondents THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY
WRIT PETITION NO.25776 OF 2002
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ORDER:
This Writ Petition is filed for a Mandamus to set asideproceedings dt.15.11.2003 of the Commissioner of MunicipalCorporation of Hyderabad (presently, Greater Hyderabad MunicipalCorporation).
Heard Sri Sudeep Reddy representing Sri K. Raghuveer Reddy,learned Counsel for the petitioner.
There is no representation for the respondents.
The petitioner, who intended to construct a building with groundplus one floor, submitted his application dt.9.1.2002 for permission toconstruct over an extent of 306 sq. yards. The said application wasrejected by proceedings dt.15.11.2003 on the ground that the saledeed accompanying the application filed by the petitioner showed anextent of 184 sq. yards only. The material on record shows that whenthe petitioner’s application was earlier rejected, he resubmitted thesame through his letter dt.13.8.2002 wherein he informed that whilethe sale deed had shown lesser extent of land, the judgment anddecree dt.21.3.2002, in O.S.No.212 of 1995 on the file of the IAdditional Rent Controller, City Small Causes Court -cum- XIII JuniorCivil Judge, City Civil Court, Hyderabad, declared the petitioner’s rightover the balance extent of 120 sq. yards, which is not included in thesale deed. However, by the impugned order, respondent No.1rejected the said application. While doing so, respondent No.1 has notreferred to the petitioner’s representation dt.13.8.2002 and thejudgment and decree of the Civil Court referred to above. If thepetitioner’s right over the balance extent of 120 sq. yards, over the above extent shown in the sale deed, has been declared as contendedby the petitioner, his application for building permission cannot berefused merely on account of the fact that the sale deed has not shownthe entire extent of 306 sq. yards. In all fairness, respondent No.1ought to have considered the petitioner’s representation and grantedpermission, if his contention that for the balance extent of the land,which is not covered by the sale deed, his right was declared by thecompetent Civil Court.
The Writ Petition is, therefore, allowed with the direction torespondent No.1 to consider the petitioner’s representation. If it isfound that the petitioner’s right over the balance extent of land notcovered by the sale deed has been declared by the Court of the IAdditional Rent Controller, City Small Causes Court -cum- XIII JuniorCivil Judge, City Civil Court, Hyderabad, in O.S.No.212 of 1995,respondent No.1 shall grant building permission over the extent of 306sq. yards subject to the petitioner complying with other statutoryrequirements. Respondent No.1 shall take a decision in this regardwithin a period of eight weeks from the date of receipt of a copy of thisorder.
As a sequel to disposal of the Writ Petition, W.P.M.P. No.32535of 2003, filed by the petitioner for interim relief, is disposed of asinfructuous.
29.12.2009
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C.V. NAGARJUNA REDDY, J
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