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2006 Supreme(AP) 388

V.V.S.RAO
T. Rameshwar – Appellant
Versus
Commissioner, Municipal Corporation of Hyderabad – Respondent


( 1 ) THE dispute in these two writ petitions is in relation to a piece of land admeasuring 1022 Sq. yards bearing MCH No. 2-2-63/1 in Survey No. 119 situated at Bagh Amberpet, Hyderabad (hereafter called, the subject property ). There is no dispute however that the father of T. Rameshwar and the husband of the lessor of S. Jagadeeshwar Rao (fourth and third respondents in W. P. No. 23731 of 2005) were joint owners of the total extent of land admeasuring 2200 Sq. yards. After death of her husband, Namuri lakshmamma, W/o. Anjaiah Goud along with her sons claimed to have succeeded to the property. She executed a lease deed in respect of the subject property in favour of third respondent, who obtained a dealership from the Indian Oil Corporation limited (IOCL, the petitioner in w. P. No. 23731 of 2005), who in turn executed another document in favour of the petitioner subleasing the premises for setting up petroleum outlet. So as to set up/ construct such outlet, the petitioner on its own submitted an application to the municipal Corporation of Hyderabad (MCH) under Sections 428 and 433 of Hyderabad municipal Corporations Act, 1955 (HMC act, for short) on 10. 2. 2005. In the meanwhile












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