THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.25469 of 2009 Date:27.11.2009 Between: Shaik Raziya Begum. ..Petitioner and The Municipal Corporation of Nellore and another. .. Respondents THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.25469 of 2009 ORDER: The petitioner claims to have been assigned a plot abutting G.N.T. Road, Nellore. She submitted an application to the Municipal Corporation, Nellore, first respondent, on 16.08.2009 to permit her to construct three shops. Through its endorsement dated 26.08.2009, the first respondent rejected the application on the ground that the land was assigned for residential purpose and permission to construct shops cannot be accorded. The petitioner challenged the same. Certain objections have also been raised. Heard the learned counsel for the petitioner and the learned standing counsel for the Municipalities appearing for the respondents. Even according to the petitioner, the plot was assigned to her for the purpose of construction of a house. The proceedings of assignment contain a clause to the effect that in the event of the plot being put to other use, the assignment shall be liable to be cancelled. When such is the case, the petitioner cannot expect the first respondent to take any steps contrary to the order of assignment. Though the learned counsel for the petitioner submits that his client is prepared to comply with the other objections and conditions as regards the application exclusively for commercial purpose, no positive action can be expected from the first respondent. Hence, the Writ Petition is disposed of upholding the impugned endorsement but leaving it open to the petitioner to submit fresh/revised application. In case the petitioner submits revised application exclusively for residential purpose or partly for residential and partly for commercial purpose, it shall be considered on its own merits and appropriate orders be passed thereon within a period of four weeks from the date of receipt of a copy of this order. There shall be no order as to costs. ________________________ L. NARASIMHA REDDY, J 27th November, 2009 GHN