(1.) The Writ Petition is filed seeking a Writ of Mandamus declaring the proceedings dated 27-8-97 passed by the third respondent-Hyderabad Urban Development Authority (for brevity 'HUDA') as illegal and unconstitutional, and consequently for a direction to release the final layout submitted by the petitioner in respect of Sy.Nos. 67, 68, 69, 75 and 76 of Serlingampally village, Rangareddy District and direct the second respondent to implement the orders of the first respondent dated 19-6-97.
(2.) The relevant facts leading to the filing of the writ petition can be narrated in brief as follows: The petitioner, along with others, is the owner of land situated in Sy.Nos. 67, 68, 69, 75, and 76, of Serlingampally village over an extent of Ac. 101.24 guntas. The family members of the petitioner were the previous landowners in 1964. The owners approached the Tahsildar, Hyderabad for seeking permission to alienate the lands in favour of the third parties. Accordingly, the Tahsildar by an order dated 19-11-1962 granted permission as required under Secs. 47 and 48 of Andhra Pradesh Tenancy Act to sell the lands as requested by them. Accordingly, on 6-8-1964, four sale deeds were executed in favour of the petitioners. Since the area purchased by the petitioners was covered under the Master Plan as agricultural category and since they wanted to develop it into a residential zone and as it requires permission of the Government to convert the same from agricultural zone to residential zone. Accordingly, an application was made for conversion in accordance with the provisions of the A.P. Urban Areas Development Act, 1975.
(3.) The Government, after considering the matter and also after consulting HUDA, issued G.O.Ms.No. 918 dated 13-11-1987 converting the land into residential zone with certain conditions. After the conversion, the petitioner made an application to HUDA for sanction of layout in Sy.Nos. 67, 68, 69, 75 and 76 of Serlingampally village for an extent of Ac. 56 acres. The third respondent-HUDA by proceedings dated 4-6-93 released the draft lay-out with conditions attached in Appendix 1 and 2 thereto. It is also the case of the petitioner that after submitting the draft layout for Ac. 56 duly deleting an extent of Ac. 12.21 guntas covered by the tank, which was covered by tank area, net layout was fixed at Ac. 44.19 guntas. They also deposited development charges of Rs. 2,81,077/-. After laying the roads and complying with the conditions, they filed a letter on 1-6-94 duly enclosing the final layout plan and requested the third respondent to release the final layout.