IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 9365 of 2009 Between: D. Santhi W/o. D. Subba Raju R/o. Float No.211, C Block, H.No. 10-3-8/1, Vaisakhi Residency, Waltair Ward, Visakhapatnam. ..... PETITIONER AND 1 The Greater Visakhapatnam Municipal Corporation Retd. by it's Commissioner, Visakhapatnam. 2 The Chief Cit6y Planner (Town Planning) Greater Visakhapatnam Municipal Corporation, Visakhapatnam. .....RESPONDENT(S) 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 an appropriate writ or order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in returning the application of the petitioner for construction of stilt, Ground + two floors in an extent of 749 sq.yds. in T.S.No. 1197 part of Block No.57, Waltair Ward, covered by D.No. 11-2- 16/2, Dasapalli Hills, Visakhapatnam, through their proceedings B.A.No. 11214/09 dated 27-04-2009 stating that the land belongs to Government, as being illegal, arbitrary and as being violative of the principles of natural justice and fair play, apart from being violative of Arts.14 & 300-A of the Constitution of India and consequently direct the respondents to consider the application of the petitioner dated 17-04-2009 for construction of stilt, ground plus two floors in T.S.No. 1197 part Block No.57, Waltair Ward, D.No. 11-2-16/2, Dasapalli Hills, Visakhapatnam. Counsel for the Petitioner: MR.SRINIVAS DAMMALAPATI Counsel for the Respondent No.: MR.N.RANGA REDDY (SC FOR MPL. CORP. VSP) The Court made the following : O R D E R:- This writ petition is filed seeking a mandamus to declare the action of the respondents in rejecting the petitioner’s application dated 17.04.2009 seeking permission for construction of stilt, ground + two floors in an extent of 749 sq. yards in T.S.No.1197 part of Block No.57, Waltair Ward, covered by D.No.11-2-16/2, Dasapalli Hills, Visakhapatnam, vide their proceedings B.A.No.11214/09 dated 27.4.2009 stating that the land belongs to Government, as arbitrary and illegal, and consequently to direct the respondents to consider her application for the relief sought for. When the matter was taken up for admission, it is submitted by the learned counsel for the petitioner and admitted to by the learned Standing Counsel for the respondents that the subject matter of this writ petition is squarely covered by the order dated 16.06.2008 passed by this Court in writ petition in W.P. No.12074 of 2008, and prayed that this writ petition also be disposed of by and in terms thereof. Hence, following the said judgment, this writ petition is also disposed of by and in terms thereof, directing the 1st respondent to consider the application filed by the petitioner seeking building permission afresh and pass appropriate orders thereon, in accordance with law, within a period of one month from the date of receipt of a copy of this order. While communicating this order, a copy of the order in W.P. No. 12074 of 2008 dated 16.6.2008, shall be annexed. No costs. ______________ N.V.RAMANA, J 30th April, 2009 bcj