THE HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PEITITON No.2291 of 2010 DATED:24.12.2010 BETWEEN: BINDE RAMBAI …PETITIONERS. AND: THE STATE OF A.P. REP BY ITS PRINCIPAL SECRETARY OF MUNICIPALITY & ANOTHER …RESPONDENTS. THE HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PEITITON No.2291 OF 2010 ORDER: - This writ petition is filed by the petitioner seeking for a writ of mandamus to declare the action of the 2nd respondent in stopping the construction of building in S.No:537 admeasuring to an extent of 128 square meters situated at Govind Center, Yellandu Town, Khammam District as illegal and arbitrary and violation of Aticles 14, 21 and 300 A of the Constitution of India. It is the case of the petitioner that she was allotted a house site to an extent of 128 square meters situated at Govind Centre, Yellandu Town, Khammam District on 25.1.1999 by the Mandal Revenue Officer for construction of a permanent building and she could not construct the building in the year 1999 due to financial crisis. The Mandal Revenue Officer issued land owner certificate vide proceedings Rc.No:D/14118/2009, dated 30.12.2009 in her favour and she has been in continuous possession and ownership from the date of allotment of the house site. She has been constructing a permanent building in the said plot by investing hard earned money and also by availing the loan grnted by the Indiramma Housing Scheme 2007- 2008. The 2nd respondent issued a notice vide proceedings U.C.R.No:1/U/2009, dated 12.9.2009 to stop and remove the construction of her building without any legal right and the petitioner has submitted a detailed explanation to the 2nd respondent. It is her further case that the Mandal Revenue Officer of Yellandu had sent a reference vide proceedings R.C.No:D/13909/2009, dated 17.12.2009 to the 2nd respondent stating that the office of Tahsildar, Yellandu issued possession certificate in her favour and that she made a representation dated 23.12.2009 to the 2nd respondent to give permission for construction of her house. But, the 2nd respondent did not give any permission to construct her house. At the time of issuing notice before admission on 5.2.2010, this Court granted the following order: “However, the petitioner is permitted to apply for building permission by complying with all the necessary formalities and by paying the required permit fee. On such application being made, respondent No:2 shall consider the same forthwith and take appropriate decision thereon” In the facts and circumstances of the case coupled with the fact that the petitioner was allotted a house site to an extent of 128 square meters situated at Govind Centre, Yellandu Town, Khammam District on 25.1.1999 by the Mandal Revenue Officer for construction of a permanent building and the Mandal Revenue Officer issued land owner certificate vide proceedings Rc.No:D/14118/2009, dated 30.12.2009 in her favour, without expressing any opinion on the merits of the case, I feel it just and proper to treat the interim order passed by this Court on 5.2.2010 as a final order while disposing of the writ petition. Accordingly, this writ petition is disposed of as under: “the petitioner is permitted to apply for building permission by complying with all the necessary formalities in accordance with law, if not already applied, and on such application being made, if not already considered, respondent No:2 is directed to consider the same in accordance with law and pass appropriate orders thereon forthwith.” No order as to costs. ____________________ G. CHANDRAIAH, J Date:24.12.2010 Gurc. THE HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PEITITON No.2291 of 2010 DATED:24.12.2010