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 : 7522 of 2008 Between: Mohammed Lateef, S/o. Mohd. Yousif, R/o. 5-10-52/C, B.T.C., Miryalaguda Road, Nalgonda Town, Nalgonda District. ..... PETITIONER AND The Nalgonda Municipality, Nalgonda Nalgonda District 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 to issue a writ, order or direction, more particularly one in the nature of Mandamus, declaring the impugned Memo in R.O.C.NO.G1/TPS/561/2007, dt.7.03.2008 served on 18-03-2008 as illegal, arbitrary and violative of principles of natural justice and against the provisions of Andhra Pradesh Municipalities Act and conseuently direct the respondent to re-consider the building permission application of the petitioner, after giving reasonable opportunity to the petitioner and pass Counsel for the Petitioner:MR.RAJANIKANTH JWALA Counsel for the Respondent No.: MR.P.RADHAKRISHNA The Court made the following : ORDER The petitioner approached this Court and filed the present writ petition seeking a Mandamus to declare the impugned Memo in ROC No.G1/TPS/561/2007, dt.7.3.2008 served on 18.3.2008 as arbitrary and illegal and consequently to direct the respondent to re-consider and pass appropriate orders on his Building Permission Application. 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 Andhra Pradesh 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