THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.7535 of 2008 ORDER: The petitioner submitted an application to the 1st respondent-Corporation for grant of permission to construct a building over plot No.17 in Survey Nos.53, 69 and 70/2 of Malkajgiri. Permission was accorded vide proceedings dated 03.08.2007. The 2nd respondent raised an objection to the permission. It was pleaded that O.S.No.2118 of 2007 filed by him against the petitioner is pending in the Court of Additional Senior Civil Judge, Ranga Reddy District at L.B.Nagar, for declaration of title, and grant of permission to the petitioner during the pendency of the suit is untenable. Thereupon, the 1st respondent issued a show cause notice to the petitioner requiring him to place the necessary material before him. On receiving the representation, the Corporation passed an order dated 26.02.2008 canceling the permission in exercise of power under Section 450 of the Hyderabad Municipal Corporation Act. The petitioner was also required not to make construction. The same is challenged in this writ petition. Heard the learned counsel for the petitioner and the learned Standing Counsel for the 1st respondent. The permission to construct building was accorded to the petitioner on the assumption that there is no dispute about his title to the land. Once it was brought to the notice of the 1st respondent that O.S.No.2118 of 2007 filed by the 2nd respondent is pending in relation to the plot, there was no alternative for the 1st respondent except to recall the permission. Therefore no exception can be taken to the order under challenge. However, in case, the tile of the petitioner is upheld in the suit either through the process of declaration or settlement, the permission that was accorded to the petitioner would stand revived without further necessity for the petitioner to submit application afresh. At the most, the petitioner can be required to seek renewal of that permission. With the above clarification, the writ petition is disposed of. There shall be no order as to costs. _________ 06.11.2009 JSU THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.7535 of 2008 Date: 06.11.2009 JSU