THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No. 5944 OF 2009 Date: 13.07.2010 Between: Dr.A.Saradamma ..... PETITIONER AND Municipal Corporation of Kadapa, Rep. by its Commissioner, Kadapa District and another .....RESPONDENTS The Court made the following:- THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No.5944 of 2009 O R D E R : This writ petition is filed seeking a declaration that the order passed by the 1st respondent dated 22.07.2008 granting permission to the 2nd respondent for construction of ground floor, 1st floor and 2nd floor of a commercial complex at Door No.3/370 and 371, R.S.Road, Kadapa as arbitrary and illegal. It is alleged by the petitioner that the 2nd respondent while submitting the building plan had deliberately not shown the 15 feet existing road on the northern side of his building and the 1st respondent without making necessary enquiry had erroneously granted permission including the said 15 feet road. This Court while issuing notice to the respondents by order dated 31.03.2009 directed that status quo obtaining as on that date shall be maintained. Though no counter affidavit is filed by the 1st respondent- Corporation, the 2nd respondent filed an affidavit dated 07.07.2010 stating that while submitting the building plan, the 15 feet private passage being used by him the petitioner and the owners of Siddartha Lodge was not mentioned and therefore during the pendency of this writ petition, he had applied for approval of revised building plan including the 15 feet private passage on the northern side of his property and the said application was received by the 1st respondent-Corporation on 09.06.2009. It is pleaded that in view of the pendency of the present writ petition, the revised plan submitted by him has not been considered by the 1st respondent. As could be seen from the pleadings, the petitioner raised several objections with regard to the building permission granted to the 2nd respondent on 22.07.2008. Now that a revised plan has been submitted by the 2nd respondent, and the same is yet to be considered by the 1st respondent, I deem it appropriate to direct the 1st respondent to enquire into the allegations made by the petitioner before passing appropriate orders on the revised plan submitted by the 2nd respondent. Accordingly, the Writ Petition is disposed of permitting the petitioner to submit all the objections before the 1st respondent within a period of two weeks from the date of receipt of this order. On receipt of such objections within the time fixed above, the 1st respondent shall consider the same and pass appropriate orders in accordance with law on the revised building plan submitted by the 2nd respondent after giving an opportunity of hearing to the petitioner as well as the 2nd respondent. Such exercise shall be completed within a period of four (4) weeks from the date of receipt of the objections from the writ petitioner. Writ Petition is accordingly disposed of. No costs. ​ ____________ Date: 13.07.2010 G. ROHINI, J Note: Issue CC of order in two days (B/o) Ivd