THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO.3926 OF 2005 Dated 2nd December, 2009 Between: B.Siddappa and another …Petitioners And The Commissioner …Respondent The Court made the following ORDER: In this writ petition, the petitioners questioned the proceedings dated 10.12.2004, issued by the respondent. The petitioners were the owners and possessors of land admeasuring 910 square yards covered by Survey Nos.482, 750/1A1 and 566/2 in Kallur Village. The said area was within the limits of Kallur Gram Panchayat. By taking permission from the Gram Panchayat, the petitioners constructed on the said land ground and two upper floors in the name and style of “Siddeshwara Apartments”. It is the case of the petitioners that they have also obtained permission for construction of third floor from the Gram Panchayat, but due to some civil disputes with regard to the said Apartment, they could not proceed with the construction, within the permitted period. In the meanwhile, the Gram Panchayat of Kallur was merged within the limits of Municipal Corporation of Kurnool. After the merger of the area of the Gram Panchayat into the Municipal Corporation, the petitioners submitted an application dated 23.11.2004 to the respondent to permit them to construct third floor in the Siddeshwara Apartments. It is also their case that pursuant to the approval granted earlier by the Gram Panchayat, some constructions were also made for third floor. But the respondent, by the impugned proceedings, applying the norms prescribed in G.O.Ms.No.423 dated 31.07.1998, refused the application of the petitioners for permission to construct third floor. In this writ petition, the grievance of the petitioners is that as much as the earlier constructions were made when the area was within the limits of Gram Panchayat, the norms notified by the Municipal Corporation in G.O.Ms.No.423 should not have been applied to their case. It is submitted by the learned counsel for the petitioners that earlier permission was granted by the Gram Panchayat before merger of the area into the limits of Corporation, as such, the respondent ought to have granted permission to the petitioners for construction of the third floor. From a perusal of the application, dated 23.11.2004, it is clear that the petitioners sought for fresh permission for construction of third floor from the respondent. Even according to the petitioners, the permission, which was granted by the erstwhile Gram Panchayat, has already lapsed. In that view of the matter, when the application is submitted for fresh permission, the respondent has rightly applied the norms notified in G.O.Ms.No.423 for the proposed construction of the third floor. Merely because the petitioners obtained permission, which has already been lapsed, from the erstwhile Gram Panchayat is no ground to plead that the norms prescribed under G.O.Ms.No.423 should not have been applied. It is to be noticed at this stage that the petitioners have not sought for renewal of the permission granted by the Gram Panchayat but their application is for grant of fresh permission for construction of the third floor. In that view of the matter, no relief can be granted in this writ petition. However, it is made clear that, if any constructions were already made by the petitioners, based on the earlier permission granted by the Gram Panchayat, it is open to them to file an appropriate application for regularisation of such constructions. If any such application is filed, it is equally open to the competent authority to consider the same in accordance with the norms notified under the scheme for regularisation. The writ petition is, accordingly, dismissed. No order as to costs. ____________________ R.SUBHASH REDDY, J Dated 2nd December, 2009 vrn