IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE NINETEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 8630 of 2008 Between: Sri Sai Modern Constructions, rep. by its proprietor Sri Boddeda Narayana Babji, Represented by G.P.A. Holder, Kola Naga Satyanarayana Varma, S/o. Venkataramakrishna Rao, Hindu, 39 years, Occ: Business, R/o. Kakinada, East Godavari District. ..... PETITIONER AND 1. Greater Visakhapatnam Municipal Corporation, Represented by its Commissioner, Visakhapatnam, Visakhapatnam District. 2 Smt. Ch. Appalakondamma, W/o. late Chinnaiah Reddy, Hindu, R/o. Chinni Pellivari Veedhi, Red Cross Center Buildings, Pedda Waltair, Visakhapatnam. 3 Ch.Venugopala Reddy, S/o. late Chinnaiah Reddy, Hindu, R/o. Chinni Pellivari Veedhi, Red Cross Center Buildings, Pedda Waltair, Visakhapatnam. 4 Ch. (Maruthi) Ram Reddy, S/o. Chilla Appala Reddy, Hindu, R/o. Chinni Pellivari Veedhi, Red Cross Center Buildings, Pedda Waltair, Visakhapatnam. 5 Smt. Ch. Bhoolakshmi, D/o. late Chinnaiah Reddy, Hindu, R/o. Chinni Pellivari Veedhi, Red Cross Center Buildings, Pedda Waltair, Visakhapatnam. 6 Smt. Yelayyamma, W/o. late Lakshmana Reddy, Hindu, R/o. Chinni Pellivari Veedhi, Red Cross Center Buildings, Pedda Waltair, Visakhapatnam. 7 Chilla Rama, S/o. Ch. Ramulu, Hindu, R/o. Chinni Pellivari Veedhi, Red Cross Center Buildings, Pedda Waltair, Visakhapatnam. 8 Chilla Desi Reddy (died per L.Rs.,) 9 Smt. Chilla Papayyaamma, W/o. late Desi Reddy, Hindu, R/o. Chinni Pellivari Veedhi, Red Cross Center Buildings, Pedda Waltair, Visakhapatnam. 10 Chilla Sridhar Reddy, W/o. late Desi Reddy, Hindu, R/o. Chinni Pellivari Veedhi, Red Cross Center Buildings, Pedda Waltair, Visakhapatnam. 11 Chilla Vara Lakshmi, W/o. late Desi Reddy, Hindu, R/o. Chinni Pellivari Veedhi, Red Cross Center Buildings, Pedda Waltair, Visakhapatnam. 12 Chilla Jaya Lakshmi, D/o. Desi Reddy, Hindu, R/o. Chinni Pellivari Veedhi, Red Cross Center Buildings, Pedda Waltair, Visakhapatnam. 13 N. Lakshmana Reddy, S/o. Ramaswamy, Hindu, R/o. Chinni Pellivari Veedhi, Red Cross Center Buildings, Pedda Waltair, Visakhapatnam. .....RESPONDENTS 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 of Mandamus or any appropriate writ order or direction declaring the proposed action of the 1st respondent in granting building permission to the unofficial respondents in respect of the Schedule land measuring an extent of Ac. 3.00 covered by Sy.No. 52/1B1, Situated at Peda Waltair, Block No. 4, Near Karakachettu Polamamba Ammavau Temple, Waltair, Visakhapatanam, without considering petitioner representation dt. 24-2-08, as illegal, arbitrary and violative of principles of natural justice and for a consequentlial order directing the 1st respondent not to grant building permission to the unofficial respondents in respect of the schedule land measuring an extent of Ac. 3.00 covered by Sy.No. 52/1B1, situated at Peda Waltair, Block No. 4 Ward No. 2 Near Karachettu Polmamaba Ammavaru Temple, Wltair, Visakhapatnam, without considering the representation o the petitioner dt. 24-2-2008 and to pass Counsel for the Petitioner: Mr.CH.DHANAMJAYA Counsel for the Respondent No.: Mr.N.RANGA REDDY (SC FOR MPL. CORP. VSP) The Court made the following : ORDER: Heard Sri Ranga Reddy, learned standing counsel. 2. Petitioner appears to have submitted a detailed representation on 24-02-2008 to the Commissioner, Greater Visak hapatnam Municipal corporation requesting not to entertain any building application in respect of the land of an extent of Ac.3.00 situated in Sy.No.52/1B 1 of Peda Waltair, Visakhapatnam from the third parties inasmuch as the petitioner has claimed right, title, and interest in the said land. The apprehension of the writ petitioner is that the unofficial respondents 2 to 13 have been wrongfully making claims of their title and interest in the said land and due to their misrepresentation the Corporation may grant the necessary building permission in their favour without really noticing the lack of merit in their claim of ownership or title to the said property. 3. In terms of Sections 428, 429 r/w 431 and 433 of the Hyderabad Municipal Corporation Act, ( for brevity, ‘the Act’) which Act is applicable to the Greater Visakhapatnam Municipal Corporation, the Commissioner is entitled to call for such information as is needed for him to be satisfied about the genuineness of the claim made by the applicants seeking permission for construction of buildings. Therefore, when once an objection in the form of a representation has been submitted like the one submitted by the petitioner on 24-02-2008, it is only expected that it will receive proper consideration at the hands of the Commissioner before according any permission for erection of buildings on the same land by the unofficial respondents or any other third parties. Therefore, a direction is issued to the 1st respondent to entertain the representation submitted by the petitioner on 24-02-2008 and consider the same before passing any orders according permission for construction of buildings on the very land which is sought to be parallelly claimed as said to have been owned by the petitioner. 4. With this Writ Petition stands disposed of. There shall be no order as to costs. _____________________________ NOOTY RAMAMOHANA RAO 19th April, 2008 Tsy To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MJ}