THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.3436 of 2011 ORDER: The petitioner submitted application, dated 12.01.2010, to the Greater Hyderabad Municipal Corporation, the 1st respondent, seeking permission to construct a residential house in premises, bearing No.1-7-495/7, Zamisthanpur, Musheerabad, Hyderabad. The Assistant City Planner, Circle-9, the 2nd respondent, refused the permission, through proceedings dated 18.01.2011, stating that the dimensions of the plan are not tallying with those on the plot. The petitioner challenges the same. Heard learned counsel for the petitioner and learned Standing Counsel for the respondents. A substantial portion of the order dated 18.01.2011 passed by the 2nd respondent is illegible. It appears that he rejected the application mainly on the ground that there is some discrepancy as to the measurements of the plot. Even if that is true, he could have called upon the petitioner to explain the discrepancy, or ought to have required him to submit a changed plan. The impugned order is the result of arbitrary exercise of power. Hence, the writ petition is allowed and the impugned order is set aside. The 2nd respondent shall consider the matter afresh, if necessary, by making spot inspection, and pass appropriate orders, within four weeks from the date of receipt of a copy of this order. There shall be no order as costs. _____________________ L. NARASIMHA REDDY, J. Dt.04.03.2011. GJ