IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTIETH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 12905 of 2008 Between: B.Durga W/o. Nageshwar Rao R/o.H.No.7-4-12, Medara Bazar, Khammam District. ..... PETITIONER AND The Khammam Municipality, rep. by its Commissioner, at Khammam Khammam District. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue writ or direction preferably writ of mandamus, declaring the memo dt. 2.4.2008 issued by the respondent as illegal, arbitrary, and violative of principles of natural justice and consequently direct the respondent to grant permission to the petitioner for construction of house as per his application dt. 14.3.2008 and pass such other or further orders. Counsel for the Petitioner:MR.KOWTURU VINAYA KUMAR Counsel for the Respondent No.: MR.RADHA KRISHNA POLISETTY (SC FOR MPL) The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 12905 OF 2008 ORDER: 1. This writ petition has been filed by Smt. B.Durga with a prayer to issue a writ or direction more particularly one in the nature of writ of mandamus declaring the Memo, dated 2-4-2008 issued by the Khammam Municipality as illegal, arbitrary and violation of principles of natural justice. 2. The petitioner is owner of plot admeasuring 135.34 square yards comprising Survey No. 4 of Pakabanda of Khammam town having purchased the same under registered sale deed No. 9511 of 2004, dated 22-11-2004. She applied for building permission on 14-3-2008. She submitted NOC issued by the temple authorities along with NOC issued by the Mandal Revenue Officer, but the respondent-Municipality rejected the Building Permission application on the ground of not filing NOC issued by the Assistant Commissioner of Endowments Department. Assailing the proceedings datd 2-4-2008, issued by the Khammam Municipality-respondent, this writ petition has been filed. 3. Heard learned counsel appearing for the petitioner and learned standing counsel for the respondent. 4. Learned counsel for the petitioner submits that the petitioner prepared to furnish fresh NOC, issued by the Assistant Commissioner, Endowments Department. 5. Such is the situation, I deem it appropriate to direct the respondent to consider the building permission application on furnishing NOC issued by the Commissioner Endowment Department. 6. Accordingly, this writ petition is disposed of. No order as to costs. _____________________________ Justice B.Seshasayana Reddy 20th June, 2008 C. C. in three days, B/o KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 12905 OF 2008 20th June, 2008.