S. S. M. QUADRI, J.

( 1 ) THE petitioner seeks a writ of, mandamus, declaring the proceedings No. SOIIPS/86/9940, dt.- 29-12-1986 of the first respondent insisting upon Urban Land Ceiling permission and production of title deeds for considering the petitioners application for grant of permission dt/- 10-7-1986 for construction of a building complex, as wholly illegal, arbitrary, without jurisdiction and ultra vires of Hyderabad Municipal Corporation Act and Rules.

( 2 ) THE petitioner is a partnership firm. On 19-11-1984, M/s. Laxmi Prasad Agarwal and Rajkumar Agarwal entered into an agreement with Dr. (Mrs.) Chandra Rekha the alleged owner of the premises bearing Municipal No. and3-1192 with sub-numbers thereon, known as Kiran Mahal situated at Kundan Bagh Hyderabad admeasuring about 9,1968 square yards, to purchase the same. It is alleged that pursuant to the said agreement of sale, substantial amount of consideration has been paid to the said owner who also executed a general power of attorney in their favour and handed over the power on of property to them. With a view to develop that land by constructing a residential complex, the said agreement holders entered into an agreement of partnership under the name and style of "m/s. Annapuma Builders, hereinafter referred to as the petitioner, applied to the first respondent (for short MCH) for permission for construction of a building complex. It is alleged that all the formalities required under the rule have been complied with. By order dt. 29. 12-1986 the plans were returned unapproved by the respondents on the ground that the Urban Land Ceiling clearance and the ownership documents have not been produced and the declaration form in respect of Urban Land Ceiling has not been countersigned by a Gazetted Officer. This order is assailed in the writ petition. No counter affidavit has been filed. The question whether it is open to the MCH to refuse to consider the application for permission to construct a building complex or want of clearance of Urban Land Ceiling authorities where the lands in excess of ceiling limit is no longer res integra. In many decisions of this court it has been held that the Corporation cannot refuse to consider the Application for construction of a building for want of clearance of the Urban Land Ceiling Authority and the learned counsel for both sides agree on this aspect.

( 3 ) THE only question that remains for consideradon in this case is whether the MCH ; competent to ask the petitioner to produce the documents of title before considering the application for construction. The learned counsel for the petitioner relying on the decisions in Fatima Begum v. Commr. Hyderabad Municipal Corpt. , Hyderabad (1957) 2 Andh WR 483: (AIR 1958 Andh. Pra. 170) and Mirza Wahed Ali Baig v. Special Officer Municipal Corpn. of Hyderabad, 1975 APHN 1; submits that the Corporation has no power to require production of the document of title. Whereas the learned standing counsel for the Corporation relying on the decision in Subhash Kumar Zohidi v. Special Officer, Municipal Corpn. of Hyderabad, Town Planning Department (1985) 1 APLJ 20: (AIR 1985 Andh Pra 352), submits that the action of the MCH in calling upon the petitioner to submit the documents of tide is neither illegal nor ultra vires of the Act and the Rules.

( 4 ) BEFORE dealing with the rival contentions of the parties it may be useful to note the relevant provisions of the H. M. C. Act and the Rules.

( 5 ) SECTION 428 of the Hyderabad Municipal Corporation Act, 1955 (for short the Act) reads as follows: 428. Notice to be given to Commissioner of intention to erect a building : - (1) Every person who intends to erect a building shall give to the Commissioner notice of his said intention in a form, obtained for this purpose under S. 435, specifying the position of the building intended to be erected, the description of building. the purpose for which. it is intended, its dimensions and the name of the person wh

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