THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.3495 of 2006 ORDER: Petitioner is the owner of plot No.133 in Sy.Nos.598/1 & 598/2 of Magunta Layout, Nellore town. He submitted an application in the year 2003, with a request to accord permission for construction of a building. The erstwhile Municipality accorded permission on 01-01-2004 for construction of ground and two upper floors. Two years thereafter, the petitioner submitted a revised plan dated 19-08-2005 for construction of 3rd floor also. The Municipal Corporation, which has come into existence in the place of Municipality, issued a notice to the petitioner, and demolished the 3rd floor on 24-02-2006. The petitioner seeks a declaration to the effect that the inaction on the part of the respondent in considering the revised plan, and the demolition of the 3rd floor is illegal, arbitrary and unconstitutional, and prays for a direction against the respondent, not to make any further demolition. Heard Sri T.C. Krishnan, learned counsel for the petitioner, and learned Standing Counsel for the respondent. The petitioner constructed ground and two upper floors on the basis of permission accorded by the Municipality. In case he wanted to add third floor, he ought to have applied for it, and waited till the permission is accorded. However, he has simply submitted a so- called revised plan, and proceeded to make construction. Obviously, it is illegal and the respondent has demolished the objectionable construction, duly following the prescribed procedure. No exception can be taken to it. The plea of the petitioner that deemed permission has accrued to him, cannot be accepted at this stage, when the premises have already been demolished. Even now, he can make a fresh application and take further steps, depending on the outcome of the same. Hence, the writ petition is disposed of, directing that it shall be open to the petitioner to make construction of the 3rd floor,p2p after obtaining permission from the respondent. There shall be no order as to costs. ________________________ L. NARASIMHA REDDY, J. Dt.29-12-2009. KO