THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.25872 of 2009 ORDER: The petitioner purchased an extent of 2363.14 square yards of land in T.S.No.131/1 of Ayodhyanagar, Kakinada under various sale deeds. In a bit of 151 square meters, he wanted to make construction of ground and first floors. An application was made by the petitioner to the Municipal Corporation, Kakinada, respondent No.2 herein. The grievance of the petitioner is that no permission was accorded by respondent No.2. Respondent No.2 filed a counter-affidavit. It is stated that the area applied for by the petitioner is earmarked for a park according to the master plan. Reference is made to various layouts that covered the area. Heard the learned counsel for the petitioner and the learned counsel for the respondents. It appears that the petitioner was not aware of the fact that the land as regards which the building permission is sought is earmarked for park. It is stated that the vendor of the petitioner initiated steps for change of land use. Unless the change of land use is permitted by the Government, the question of respondent No.2 granting permission to construct any building over it does not arise. It appears that respondent No.2 itself forwarded the proposal to respondent No.1 through proceedings, dated 19.06.2007. The petitioner can pursue the matter with respondent No.1. Hence, the writ petition is disposed of, leaving it open to the petitioner to pursue the matter pertaining to the change of land use with respondent No.1. As and when the land use is changed in accordance with law, it shall be open to the petitioner to make an application to respondent No.2 seeking permission to construct. There shall be no order as to costs. _______________________ L.NARASIMHA REDDY,J Dt:23.03.2011. kdl