HYDERABAD POTTERIES PVT LTD Vs. COLLECTOR HYDERABAD DIST

JUDGEMENT

(1.) The petitioner in the instant writ petition prays for issuance of a writ of Mandamus declaring the letter issued by the second respondent-Municipal Corporation of Hyderabad vide letter No. 187/TP3/ 2000-441, dated 26-8-2000 as arbitrary and illegal and violative of Section 429 (1) (aa) of the Hyderabad Municipal Corporations Act, 1955 and bye-law No. 4(2) of the Building bye-laws. The petitioner consequently prays for issuance of an appropriate direction directing the Municipal Corporation of Hyderabad to grant permission as prayed for in building Permit File No. 187/TP3/2000.

(2.) The Municipal Corporation of Hyderabad (MCH) through the impugned letter rejected the application of the petitioner for the proposed construction of stilt for parking + 5 upper floors for residential apartments consisting of Blocks A to D at premises No. 1-1-365/A, situated at Bakaram, Hyderabad. In the impugned letter, it is stated that the proposals of the petitioner were examined and placed before the Building Committee held on 4-8-2000 and as per the observations of the Building Committee, the Joint Collector, Hyderabad has informed that the site under reference is a Government land.

(3.) Before adverting to the question as to whether the impugned order suffers from any legal infirmity, it may be necessary to notice a few relevant facts leading to filing of this writ petition: According to the averments made in the affidavit filed in support of the writ petition, originally one S. Rajeshwar Rao and M.K. Mudaliar were the partners of the petitioner-company. Both of them have purchased an extent of Ac. 4.32 guntas of land out of survey Nos. 118 to 133 of Nampally village, Hyderabad District under a registered sale deed dated 6th Khurdada 1353 Fasli (9th April, 1944) from the original owner and pattedar Haji Mohd. Azeez s/o. Hazi Mohd. Osman. The said two persons have transferred the said property in the name of M/s. The Hyderabad Potteries Limited through a registered sale deed dated 11th Amardad 1355 Falsi (31-3-1946).