pHONOURABLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.3892 OF 2011 ORDER: The petitioner is the owner of premises bearing No.13-45, Yellavari Street, Gudur. He constructed ground + two upper floors by obtaining permission from the respondent Municipality. He submitted an application on 05-10-2010 seeking permission to construct the third floor. Since there was no response from the respondent, he started the construction of third floor. The respondent, initially, passed a provisional order objecting the construction of third floor, and thereafter passed final order on 05-01-2011. Hence, this writ petition. 2. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent. 3. The application, said to have been filed by the petitioner, on 05-10-2010 is defective. All the same, the respondent Municipality ought to have taken steps upon it. The petitioner appears to have commenced construction on the assumption that he had a deemed permission. A deemed permission is accrued on an application, if only the application is in order. Hence, it cannot be said that there was a deemed permission in favour of the petitioner. Even now the Municipality can cause inspection of the premises and if the petitioner is otherwise entitled for construction of the third floor, it can issue permission by duly collecting the requisite fee. On the other hand, if any direction is needed, it can be suggested. 4. Hence, the Writ Petition is disposed of directing the Commissioner, Gudur Municipality, Gudur to cause inspection of the premises being constructed by the petitioner. In case, the proposed construction is in accordance with the relevant bye-laws, the permission shall be granted by collecting the requisite fee and if any charges are needed the same shall be suggested. This exercise shall be completed within a period of four (4) weeks from today and the petitioner shall not make any construction till the steps, as indicated above, are completed. The respondents also shall not demolish any structures. There shall be no order as to costs. ____________________ L. NARASIMHA REDDY, J March 01, 2011. Note: Issue CC in one week. B/O. KTL