THE HON'BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.31818 of 2011 ORDER: This writ petition is filed seeking a writ of mandamus declaring the action of the respondents in not accepting the application submitted by the petitioner for granting permission for construction, and further action of the respondents in interfering with the possession of the petitioner without any notice or opportunity, as illegal and arbitrary. 2. The brief facts that are necessary for disposal of the writ petition may be stated as follows: The petitioner is in peaceful possession and enjoyment of the land in an extent of Ac.0.04 cents situated in Survey No.417/1 in Ward No.26, Bangaraiah Kottalaveedhi, Rameshwaram Village, Prodduturu Town, Kadapa District. Originally, his father along with his brothers purchased an extent of Ac.0.29 cents of land under registered sale deed dated 04.05.1972. Out of the said extent of land, after oral partition that took place in the year 1972, his father got an extent of Ac.0.04 cents to his share and since then he is in peaceful possession of the same. After the partition, the brothers of his father constructed houses in their respective extents and have been residing therein. While so, his father executed registered gift deed in his favour in respect of the land in question vide registered sale deed dated 04.02.2011, and therefore, he is in possession of the said land. The grievance of the petitioner is that even though he made an application to the respondents for making construction in the said extent of land, by paying requisite building fee, the respondents are neither accepting the application nor refusing to receive the same. Further, when he conducted “Bhoomi Pooja” on the auspicious day of “Kartika Pournima”, the respondents have objected the same stating that he has no right over the said land. Hence, this writ petition. 3. Learned counsel for the petitioner contended that the petitioner is the owner of the land in an extent of Ac.0.04 cents and he had applied for sanction of plan for construction of building in the said land, but the same has not been processed in spite of paying requisite building fee, and therefore, he prays to issue direction to the respondents to consider the application of the petitioner. 4. On the other hand, the learned Standing Counsel appearing for the respondents contended that if the petitioner files the application in requisite proforma along with necessary fee, the same will be processed in accordance with the building bye-laws and Rules. 5. The petitioner claims to be the owner of the land in question and made an application for construction of the house, by paying requisite fee. If the petitioner has paid the requisite fee for the purpose of submitting an application for grant of sanction of plan, it is the duty of the respondents to furnish the requisite proforma to him. 6. Therefore, the respondents are directed to furnish the requisite proforma to the petitioner, and thereafter, the petitioner shall submit the application with relevant documents and requisite building fee. On such application being received, the same shall be considered by the respondent Municipality in accordance with building bye-laws and Rules for constructions of the house. 7. Accordingly, the writ petition is disposed of. There shall be no order as to costs. K.C. BHANU, J Date: 02.12.2011 Note: Issue CC in two days B/o. va