IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE R.SUBHASH REDDY Writ Petition No.12165 of 2004 Between: Mulka Srinivas Reddy ..... PETITIONER AND Municipal Commissioner, Miryalaguda Municipality, Miryalaguda, Nalgonda District. .....RESPONDENT ORDER: In this Writ Petition, the petitioner has questioned Notice, dated 17-03-2004, issued vide Proceedings No.G1/708/2004, by the respondent-Commissioner of Miryalaguda Municipality, rejecting his application, dated 16- 12-2003, seeking permission for construction of compound wall to his plot admeasuring 5400 square yards in Survey No.544, situated within the municipal limits of Miryalaguda, on the ground that there is already a compound wall constructed therein. In the affidavit, filed in support of the Writ Petition, it is stated that the petitioner is the owner of the above- mentioned plot, having purchased the same vide registered sale deed, dated 25th March, 2003, for a consideration of Rs.8,10,000/- from its earlier owners viz., Jakia Banu, Jainab Jaffri and Jahera Bhanu. It is the grievance of the petitioner that when he made an application on 16-12-2003 seeking permission for construction of a compound wall in the above-mentioned plot, the respondent, without making any inspection, issued the impugned notice rejecting the same, on the ground that a compound wall has already been constructed, although no compound wall is existing therein. Though the Writ Petition is of the year 2004, no counter-affidavit has, so far, been filed on behalf of the respondent–Municipality. As it is the specific case of the petitioner that the plot in question is not surrounded by compound wall and that the impugned notice, rejecting his application, was issued without making any inspection, in the absence of any counter-affidavit by the respondent-Commissioner refuting the same, I deem it appropriate to dispose of the Writ Petition setting aside the impugned notice, dated 17-03- 2004, issued by the respondent-Commissioner vide Proceedings No.G1/708/2004 and directing the respondent to consider the petitioner’s application afresh, if necessary, by making inspection by himself or by any of his subordinates, and communicate the same to the petitioner, within a period of two months from the date of receipt of a copy of this order. Subject to the above observation, the Writ Petition is disposed of. No order as to costs. ___________________ (R.SUBHASH REDDY, J) 11th August, 2009 lur