IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No : 8800 of 2008 Between: Smt. Aktar Pasha, W/o. Md. Iqbal, R/o. H.No. 8-1-106, Bogumkunta Basti, Bus Stand Road, Khammam, Khammam District. ..... PETITIONER AND The Khammam Municipality, Rep. byits Commissioner, Khammam, Khammam District. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue Writ or direction preferably Writ of Mandamus declaring the proceedings issued by the respondents vide Memo R.O.C.No. G2/262/08 dt. 24-3-2008 as illegal, arbitrary and violative of principles of natural justice and consequently direct the respondent to consider the application of the petitioner dt. 15-3-2008 for grant of permission for construction of house bearing premises No. 8-1-245/A situated at B.K. Bazaar, Khammam. Counsel for the Petitioner : Sri Kowturu Vinaya Kumar Counsel for the Respondent : Sri Radha Krishna Polisetty The Court made the following O R D E R: This writ petition has been instituted questioning the order passed by the Municipal Council, Khammam on 24th March 2008, rejecting the application submitted by the petitioner for construction of a building on a site on which there is a parallel claim of title. While rejecting the application submitted by the petitioner, the Municipal Council has raised three different objections. One of them, importantly, is that the plan submitted by the writ petitioner is not in accordance with the building byelaws. The second objection is that there is a parallel claim of title made by the owner of the premises bearing House No. 8-1-251. The third objection is that the Mandal Revenue Officer, upon instructions from the District Collector, had inspected the premises in question and directed the Municipal Council authorities not to entertain the claim for permission to construct a building at the hands of the petitioner. It is certainly open to the petitioner to re-submit his plan, drawn in accordance with the requirements of law. It is also open to the petitioner to satisfy the Municipal Council about the genuineness of her claim of title and interest over the piece of land, on which the building is sought to be constructed. It is open to the Municipal Commissioner, Khammam to examine the material, which the petitioner is liable to produce in that regard and if he is satisfied, he may grant necessary permission. With this, the writ petition stands disposed of, but however, without costs. (NOOTY RAMAMOHANA RAO, J) 21st April 2008 ksld ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{SPJS}