THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.24009 of 2008 ORDER: The petitioner submitted an application, dated 09.02.2007, to the respondent with a request to accord permission to construct a building on his site. The respondent rejected the same, through letter, dated 14.02.2007, by mentioning two objections. The petitioner feels aggrieved by the same. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent. The respondent considered the application submitted by the petitioner and rejected the same by mentioning the following objections. 1. As your Place of Building Construction is coming within the National Highway No.16. 2. The National Highway Executive Engineer R & B has given instructions vide letter.DB/D4/NHP/2003-04/65 dated 16.04.2003 to leave set back of 100’.0+5’ from the middle of the road on the N.H.No.16 as your building construction is coming in the above space. The petitioner asserts that the plot owned by him is not at all within the alignment of National Highway No.16 and that the instructions said to have been issued by the Executive Engineer, R & B (National Highway) cannot constitute a ground to reject the application. Reliance is placed on an order passed by this Court in W.P.No.15033 of 2007, dated 28.08.2008. The respondent took the view that the building proposed to be constructed by the petitioner would come within the alignment of National Highway No.16. In case the petitioner intends to construct the same, he has to place necessary material before the respondent. He can also obtain the map and other details of the National Highway from the authorities concerned. If the petitioner submits a representation in this regard, dealing with the two objections mentioned above, the respondent shall be under obligation to consider the same. Hence, the writ petition is allowed and the impugned letter is set aside. It is left open to the petitioner to submit a representation dealing with the objections mentioned in the impugned letter. As and when such representation is made, the respondent shall take necessary action thereon and pass appropriate orders within one month from the date of presentation of the same. There shall be no order as to costs. _____________________ L.NARASIMHA REDDY,J Dt:11.11.2009 Note: Issue cc in one week. (B/o) kdl