IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 7269 of 2008 Between: 1 Mohd.Rasheed Ahmed S/o.Gulam Ahmed R/o.H.No.5-10-52/1, B.T.S Miryalaguda Road Nalgonda Town Nalgonda Dist 2 Mohd.Lateef S/o.Mohd.Yousf, R/o.H.No.5-10-52/C, B.T.S Miryalaguda Road Nalgonda Town Nalgonda Dist ..... PETITIONER(S) AND THE NALGONDA MUNICIPALITY NALGONDA DIST REP. BY ITS COMMISSIONER .....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 issue a writ, order direction more particularly one in the nature of Mandamus directing the respondent herein to consider and pass appropriate orders on the Building permission Application of the petitioners herein received by the respondent herein endorsed vide Inward No.562 and 563, dt.17-10-2007 in terms of A.P Municipalites Act,1965 forthwith. Counsel for the Petitioner:MR.RAJANIKANTH JWALA Counsel for the Respondent No.: . The Court made the following : ORDER The petitioners approached this Court and filed the present writ petition seeking a direction to the respondent to consider and pass appropriate orders on the Building Permission Application which was received by the respondent herein and endorsed vide Inward No.562 and 563, dated 17.10.2007 in terms of Andhra Pradesh Municipalities Act, 1965 ( for short ‘the Act’). It appears that the order has already been passed considering the said Building Permission Application dated 17.10.2007 and the said order is dated 7.3.2008. When once the original authority exercised its jurisdiction and passed an order, in my considered view, this writ petition, with the above prayer, is not maintainable. However, Section 345 of the Act provides a statutory appeal. The petitioner is, therefore, directed to approach the appellate authority and file an appeal, as provided under Section 345 of the Act and I am sure the appellate authority will consider all the submissions made by the petitioner and pass appropriate orders. It is needless to observe when once the appeal is entertained, it is for the appellate authority to afford an opportunity of personal hearing to the petitioner. Accordingly, this writ petition is disposed of. The said exercise shall be done by the appellate authority within a period of four weeks from the date of receipt of a copy of this order. If the said appeal is entertained, it shall be disposed of on or before 31st January, 2009. No costs. __________ 18-12-2008 Note: Issue CC by three days. (B.O) rkk