THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.25487 OF 2011 ORDER: This writ petition is filed seeking to issue writ of Mandamus declaring the action of the respondents in not considering the petitioner’s application, dated 17.04.2009, for construction of stilt, Ground plus two floors in an extent of 749 sq.yds in T.S.No.1197 part of Block No.57, Waltair Ward, covered by D.No.11-2-16/2, Dasapalli Hills, Visakhapatnam, despite quashing of G.O.Ms.No.657, dated 08.10.2001, by this Court in a batch of writ petitions, as illegal and arbitrary. 2. The case of the petitioner, in brief, is that she is the absolute owner and possessor of the aforesaid land having purchased the same by means of registered sale deed, dated 18.09.2003. Vendor of the petitioner also constructed a house in the above land and the same had been assessed to house tax. Then, the petitioner made an application together with the plans to respondent No.1 on 17.04.2009 seeking permission for construction of stilt, ground plus two upper floors on the above land and a receipt was issued by the Municipal Corporation on the same day. This application along with the plan was returned by proceedings, dated 27.04.2009, stating that the land was a Government land as per G.O.Ms.No.657 Revenue (Registration I) Department, dated 08.10.2001. But, the said G.O.Ms.No.657, dated 08.10.2001, has been struck down by this Court in W.P.No.3748 of 2002 and questioning the same, the State Government has preferred a Special Leave Petition and the same was dismissed on 11.08.2006 and the said G.O. is not in existence. The endorsement issued by the respondent while returning the plans submitted by the petitioner is illegal and void. Hence, the writ petition. 3. The factual matrix is not in dispute. By virtue of proceedings, dated 27.04.2009, the plans were returned to the petitioner by the respondent Corporation for the reason that the land on which construction is sought to be made is a Government land as per G.O.Ms.Mo.657 Revenue (Registration-I) Department, dated 08.01.2001, as from the letter of the Collector, Visakhapatnam District Lr.No.311/97-F1, dated 28.09.2001 T.S.No.1197 measuring an extent of Ac.12-83 cts Government as per order of the Commissioner SS&LR in P1/896/86, dated 31.01.1998. Admittedly, G.O.Ms.No.657 was struck down by this Court in W.P.No.3748 of 2002 and batch and the State Government filed a Special Leave Petition against the said order before the Hon’ble Supreme Court and the same was dismissed on 11.08.2006. Therefore, relying upon a Government Order, which was struck down, cannot be a ground to deny approval of the plans submitted by the petitioner, if they are otherwise in order, in accordance with the act, rules and the bye laws made thereunder. Therefore, appropriate decision has to be taken by the respondents on the application, dated 17.04.2009, of the petitioner for making constructions without reference to G.O.Ms.No.657 Revenue (Registration-I) Department, as it is not in existence. 4. Accordingly, the Writ Petition is disposed of directing the respondents to take appropriate decision on the application, dated 17.04.2009, made by the petitioner for making construction without reference to G.O.Ms.No.657 Revenue (Registration-I) Department. There shall be no order as to costs. ___________________ JUSTICE K.C.BHANU 27th October, 2011. AMD THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.25487 OF 2011 Date: 27.10.2011 AMD