IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 13228 of 2008 Between: K.Appa Rao S/o.Sanyasi R/o.Simhachalam, Visakhapatnam District ..... PETITIONER AND 1 The Greater Visakha Municipal Corporation of Visakhapatnam, rep.by its Commissioner at Visakhapatnam 2 The Asst.City Planner,VI Town Planning Greater Visakha Municipal Corporation of Visakhapatnam at Visakhapatnam .....RESPONDENT(S) 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 of mandamus or any other appropriate writ or writs order or direction declaring the Endorsement dated 9.7.2007 in B.A.No.165/07/ACP-VI on the file of Respondents as illegal, arbitrary and unconstitutional with a direction to the respondents to forthwith re- consider the application of petitioner dated 23.5.2007 for grant of permission to construct a residential building in Sy.No.198/11 and 76/2 P situated at Adivivaram village,Simhachalam Panchayat,Visakhapatnam District Awards costs and pass Counsel for the Petitioner:MR.M.PRASADA RAO Counsel for the Respondent No.: MR.N.RANGA REDDY (SC FOR MPL. CORP. VSP) The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No. 13228 OF 2008 ORDER: 1. This writ petition has been filed by K.Appa Rao, with a prayer to issue a writ of mandamus declaring the action of the respondent in returning the building permission application as illegal and arbitrary. 2. The petitioner is a partner in Purna Jyothi Food Products, a partnership firm, registered under the Partnership Act, 1932. The partnership firm purchased a land admeasuring 3556 square yards comprising Survey Nos. 198/1 and 76/2 (Part) situated at Adivivaram village, Simhachalam Panchayat, Visakhapatnam District. Subsequently the firm came to be dissolved and the property purchased by the firm came to be allotted to the petitioner. He made application to the respondent-authority for construction of the building over the said property. The building permission application came to be returned requiring the petitioner to rectify the following objections: 1) Registered Documents under which he purchased the property for proposed site. 2) The land Registration certificate issued by the Devasthanam Authorities which is the land was purchased by the petitioner. 3) No Objection Certificate issued by the Devasthanam Authroities for the proposed construction of building. 4) The applicant is hereby informed to furnish the above information for taking further necessary action in the matter. Hence, this writ petition. 3. Heard learned counsel for the petitioner and learned standing counsel appearing for the respondents. 4. Learned counsel appearing for the petitioner submits that the respondents cannot insist the production of No Objection Certificate from the Devasthanam Authorities as Devasthanam is no way concerned with the property in question. 5. Learned standing counsel appearing for the respondents submits that the every building permission application must be accompanied by the documents detailing in Bye Laws 4.2 of the Municipal Corporation Building Bye-Laws, 1981. He further submits that the authorities considered the relevant Bye-laws and returned the application for compliance of the objection. As per Bye Law 4.2 every application for building permission shall be accompanied by the attested copy of original sale deeds, attested copies of the mutation record etc., The defects pointed out, except no objection certificate from the Devasthanam authorities, are within the provisions of Municipal Corporation Building Bye-Laws, 1981. Therefore, the petitioner has to rectify the defects pointed out by the authorities, except no objection certificate. 6. Accordingly, this writ petition is disposed of directing the respondents to consider the building permission application in the event of the petitioner complying the objections NO. 1,2 and 4 pointed out in the proceedings B.A.No. 165/07/ACP/VI, dated 9-7-2007. No order as to costs. _____________________________ Justice B.Seshasayana Reddy 30th June, 2008. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No. 13228 OF 2008 30th June, 2008.