IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 15171 of 2008 Between: G. Suresh, S/o. D. Govindan, R/o. D.No. 15/111, Kamsala Street, Newpet, Palamaner, Chittoor District. ..... PETITIONER AND 1 The Commissioner, Palamaner Municipality, Palamner, Chittoor District. 2 The Commissioner & Director of Municipal Administration, Andhra Pradesh, Hyderabad. 3 The District Collector, Chittoor. 4 Government of Andhra Pradesh, Rep. by its Secretary, Revenue Department, Secretariat Buildings, Hyderabad. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Certiorari calling the connected records including the impugned proceedings BA No. 168/2008/TPBO; dated 12-5-2008 of the 1st respondent and quash the same as illegal, improper, unjust, arbitrary and in clear discrimination and further declare that the petitioner is entitled to proceed and complete the construction as per the building approved plan given by the 1st respondent. Counsel for the Petitioner: MR.G.SEENA KUMAR Counsel for the Respondent No.1: MR.S.I.NEWTON Counsel for the Respondent No.2: GOVT. PLEADER FOR M.A. & U.D. The Court made the following : O R D E R : This writ petition has been filed by G.Suresh assailing the endorsement vide B.A.No.168/2008/TPBO, dated 12.05.2008, issued by the Commissioner, Palamaner Municipality-1st respondent, whereby and where under the petitioner has been asked to stop the construction of the building immediately, for which plan was approved vide B.A.NO.168/2008, dated 31.03.2008. 2. The petitioner claims that his father came into possession of 2 ¾ cents of site and subsequently, patta was granted in favour of his father on 15.07.2001. His father executed a gift deed vide Registered document No.2753 of 2005, dated 21.11.2005 transferring the said site in his favour to enable him to obtain necessary permission from the Municipality for constructing a house therein. He submitted a building permission application and the Municipality granted permission for construction of a house vide proceedings B.A.NO.168/2008, dated 31.03.2008. Subsequently, on the instructions of the District Collector, Chittoor, the endorsement impugned in the writ petition came to be issued by the Commissioner, Palamaner Municipality-1st respondent. 3. Heard learned counsel appearing for the petitioner and learned Standing Counsel appearing for the 1st respondent-Municipality and learned Government Pleader for Municipal Administration and Urban Development appearing for the 2nd respondent. 4. Learned counsel appearing for the petitioner submits that the 1st respondent having granted building permission is not justified in directing the petitioner to stop the construction. 5. Learned Standing Counsel appearing for the 1st respondent- Municipality submits that there is some dispute with regard to identity of the site of the petitioner and therefore, the District Collector directed the Commissioner, Palamaner Municipality-1st respondent to stop the construction which ultimately resulted in issuance of the endorsement impugned in the writ petition. 6. A fact remains that the Commissioner, Palamaner Municipality-1st respondent granted permission for construction of the building over the site owned by the petitioner. If the building permission is required to be cancelled, the 1st respondent has to initiate necessary proceeding and put the petitioner on notice and then pass orders with regard to cancellation of the building permission. Till the building permission is cancelled, the petitioner is at liberty to proceed with the construction of the building as per the sanctioned plan. 7. In that view of the matter, the endorsement impugned in the writ petition is set aside directing the Commissioner, Palamaner Municipality-1st respondent to follow the due process of law in the event of the building permission accorded to the petitioner is required to be cancelled. 8. Accordingly, the writ petition is allowed at the admission stage. No costs. ______________________ B.SESHASAYANA REDDY, J. Date: 22nd July, 2008. Note: Issue C.C. within two days. B/O cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK}