The petitioner impugns the intimation dated 22-2-2003 sent by the first respondent whereby and where under the first respondent informed the petitioner that Kapra Municipality will take necessary action in granting building permission for construction of house in Plot Nos.8 and 9 in Sy.Nos.13 and 14 of Hasthinapuri, Ammuguda village, Ranga Reddy District, only after disposal of the suit being O.S.No.778 of 2001 on the file of the Court of the Principal Junior Civil Judge (East & North), Ranga Reddy District. He seeks a declaration that refusal to grant permission for construction of house is illegal. He also seeks a consequential direction to the first respondent Kapra Municipality to grant permission for construction of house on the said plots. The writ petition raises an important question as to true construction of Section 215 read with various other provisions of the A.P. Municipalities Act, 1965 (the Act). To appreciate the controversy, it is necessary to refer to the admitted facts in brief.

2. The land comprised in Sy.Nos.13 and 14 of Hasthinapuri, Ammuguda village originally belonged to one Sankaraiah. He sold an extent of Acs.42.00 through his wife Ankamma. One B.S. Setty appears to have purchased an extent of Acs.41.00 from Sankaraiah. The sons of Sankaraiah viz., Balraj and Narayana filed a suit being O.S.No.28 of 1982 on the file of the Junior Civil Judge, Medchal. They sought relief of cancellation of sale deed and recovery of possession, During the pendency of the suit, B.S. Setty, who claims to have purchased the land from Sankaraih died. His sons were brought on record as legal representatives.

3. The suit being O.S.No.28 of 1982 was decreed in favour of Balaraj and Narayana. Be that as it is, during the pendency of the suit, Hasthinapuri Co-operative Society was impleaded as defendant as they claimed that they purchased an extent of Acs.20.00 from B.S. Setty. After the suit was decreed in favour of the sons of Sankaraiah, Hasthinapuri Cooperative Society filed an appeal on the file of the District Judge, Ranga Reddy District being A.S.No.49 of 1996. Hasthinapuri Co-operative Society entered into compromise with Balaraj and Narayana for an extent of Acs.20.00 and decree of trial Court in relation to other extent of land became final.

4. The petitioner herein purchased Plot Nos.8 and 9 admeasuring 493 Sq. yds. and 500 Sq. yds. respectively from the sons of Sankaraiah under two registered sale deeds dated 1-6-2001. Thereafter, he submitted an application to the first respondent under Section 209 of the Act seeking permission to construct a residential house duly paying building fee and betterment charges of Rs.52,000/-. In the meanwhile, one Anantha Kishan Yadav claiming to be GPA holder of B.S. Lakshmi (alleged second wife of B.S. Setty) sold Plot Nos.8 and 9 of Hasthinapuri (same plots which were purchased by the petitioner) to Smt. Suguna Bala and Uma Devi. These sales were effected on 25-10-2001. After purchasing the plots, these two women filed O.S.No.692 of 2001 on the file of the Court of the Principal Junior Civil Judge (East & North), Ranga Reddy District, against the petitioner and obtained ad interim injunction pending the suit. They also allegedly sold the two plots in favour of the second respondent herein, who happens to be the councillor of Kapra Municipality.

5. The second respondent also filed another suit being O.S.No.778 of 2001 on the file of the Principal Junior Civil Judge (East & North), Ranga Reddy District against the sons of Sankaraiah, petitioner, Kapra Municipality and the Commissioner. The learned Junior Civil Judge granted ad interim injunction in favour of the second respondent but refused to grant a direction to the Municipality to grant permission for construction of a residential house in the said plots. Aggrieved by the same, the petitioner herein filed C.M.A.No.42 of 2001 on the file of the court of the Additional District Judge (Fast Track Court), Ranga Reddy District. The se