IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 16780 of 2003 Between: K.Chandrasekhar Chetty s/o. K.Anjaneyulu Chetty r/o. D.No.18-646, Prakasam High Road, Chittoor. ..... PETITIONER AND The Commissioner, Chittoor Municipality, Chittoor. .....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 or direction more particularly one in the nature of Writ of Mandamus declaring the proceedings in Endorsement issued in the proceedings L.Dis.B.A.No.72/03/G1, dt.11- 4-2003 issued by the respondent and received by the petitioner on 23- 7-2003, as arbitrary illegal, improper, unjust and without jurisdiction and further declare that the petitioner is deemed to have been granted permission for converting the halls in the first second and third floors of the building bearing No.18-646, Prakasam high Road, Chittoor, and pass such other order or orders as may deem fit and proper. Counsel for the Petitioner: MR.P.V.VIDYASAGAR Counsel for the Respondent No.: MR.S.I.NEWTON The Court made the following : ORDER : This Writ Petition is filed challenging the Endorsement, dated 11-04-2003, made by the respondent/Commissioner of Chittoor Municipality in Proceedings L.Dis.B.A.No.72/03/G1, rejecting the application of the petitioner on the ground that the same is not in conformity with the G.O.Ms.No.422 Municipal Administration, dated 31-07-1998. It is a case of the petitioner that he is the owner of the building bearing No.18-646 situated at Prakasam High Road, Chittoor, which consists of Ground plus three floors, having purchased the same by a registered sale deed, dated 17-06-2002. The petitioner has submitted an application, dated 31-10-2002, to the respondent for necessary approval of the plan and permission to modify the building, which is already in existence. On the said application, respondent has passed the impugned endorsement rejecting the request of the petitioner stating that his application is verified with reference to G.O. Ms.No.422, Municipal Administration, dated 31-07-1998 and the same is not in conformity with the orders of the Government. In this Writ Petition it is a case of the petitioner that orders issued by the Government are not at all applicable, as much as in his case the building already exists with ground, first, second and third floors. Sri P.V.Vidya Sagar, learned counsel for the petitioner, submitted that no valid reasons have been assigned for rejecting the application of the petitioner. Sri S.I.Newton, learned standing counsel for the respondent, submitted that the application was rejected as much as the same was not in conformity with the conditions notified by the G.O.Ms.No.422 Municipal Administration, dated 31-07-1998. No counter-affidavit is filed opposing the application. At the same time, on a perusal of the impugned endorsement, it is clear that no reasons have been assigned and the application of the petitioner was rejected merely stating that the same is not in conformity with the conditions notified in G.O.Ms.No.422, dated 31-07-1998. A perusal of the impugned endorsement also indicate that the application was considered as if it was for construction of the second and third floors, whereas it is a case of the petitioner that the application is only for modification of the first, second and third floors of the existing building. In the absence of any valid reason indicated in the orders, I deem it appropriate that it is a fit case for reconsideration of the application of the petitioner. While reconsidering the matter, the respondent has to notice that the application is for modification, but not for the construction of the second and third floors on the existing ground and first floor at the first instance. I am sure that respondent considers the application of the petitioner keeping in mind the request made by the petitioner for modification in the first, second and third floors of the existing building. For the aforesaid reasons, the Endorsement, dated 11-04-2003, issued in L.Dis.B.P.No.73/03/G1, is hereby set aside and the matter is remitted to the respondent for fresh consideration. The respondent shall consider and pass appropriate orders by issuing notice of hearing to the petitioner within a period of two months from the date of the receipt of a copy of this order. Subject to above directions, the Writ Petition is disposed of. No order as to costs. _____________________ R.SUBHASH REDDY, J. 21st July, 2009. skmr