GOMATHI Vs. M C H

JUDGEMENT

(1.) The petitioners in W.P. M.P. No. 28239 of 1997 in W.P. No. 24224 of 1997, are the appellants in this Writ Appeal which is directed against the interlocutory order dated 28-10-1997 passed by the learned single Judge of this Court.

(2.) The appellants applied to the first respondent/Municipal Corporation of Hyderabad, represented by its Special Officer, Lower Tank Bund, Hyderabad, for sanction of the plan for the proposed construction of a multi- storeyed building by giving notice under Section 438 of the Hyderabad Municipal Corporations Act, 1955 (Act No. II of 1956) (for short 'Act 1955') on 18-6-1997. The second respondent-Chief City Planner, Town Planning Section, Municipal Corporation of Hyderabad, Hyderabad, by letter No. 151/ TP3/CCP No. 2124 dated 17-9-1997 requested the appellants to remit a sum of Rs.1,20,419-00 under various heads. There is no dispute with regard to the payment of the said amount in these proceedings. It is further stated in that letter that the appellants shall submit an undertaking on Rs.20-00 non-judicial stamp paper separatelyin respect of six items, of which, itemNo. 6is in dispute. Item No. 6 is as follows:

(3.) Challenging the correctness of the requirement to submit receipt, as noted above, the appellants filed Writ Petition No. 24224 of 1997. In the interlocutory application the appellants prayed for a direction to the respondents to provisionally sanction the plan on their application already made on 18-6-1997 without reference to the said condition under item No. 6.