THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.25862 of 2009 ORDER: The petitioner claim to be the owner of Plot No.10 in T.S.No.1196 of Ward No.19, Visakhapatnam at Daspalla Hills Area. It submitted an application to the respondents seeking permission to construct over the plot. The second respondent returned the application through endorsement dated 27.10.2009 stating that in view of the notification contained in G.O.Ms.No.657, dated 8.01.2001 Visakhapatnam, the permission cannot be accorded. It was pointed out that the land belongs to Government. The petitioner feels aggrieved by the same. Learned counsel for the petitioner submits that the notification relied upon by the respondents has since been set aside by this Court through its judgment in W.P.No.13121 of 2006, and there is no justification for the respondents in relying on the same. He also made a reference to the order passed by this Court in W.P.No.14099 of 2003 and batch. Learned Standing Counsel on the other hand submits that once the Government laid claim for the land, the petitioner has to establish his title by instituting appropriate proceedings. The only ground on which the application of the petitioner was returned is that according to the G.O., the land is owned by the Government. That was a notification issued in exercise of power under Section 22-A of the Registration Act. This Court has set aside the G.O and even the provision was held to be untenable. It is a different matter that the provision was amended thereafter. Once it emerges that the G.O. relied upon by the respondents was set aside, they cannot return the application of the petitioner by making reference to it. Hence, the writ petition is allowed and the impugned endorsement is set aside. The respondents are directed to consider the application of the petitioner afresh without reference to the said G.O. There shall be no order as to costs. ________________________ L. NARASIMHA REDDY, J 27th November, 2009 Js.