IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 12074 of 2008 Between: K.Venkata Reddy, S/o. K.Venugopala Swamy, Resident at D.No.11-2-18, Daspalla Layout, Visakhapatnam. ..... PETITIONER AND 1 The Greater Visakhapatnam Municipal Corporation, Visakhapatnam rep by its Commissioner, 2 The Town Planning Officer, Greter Visakhapatnam Municipal Corporation 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 to issue a writ of mandamus or any other appropriate writ or direction declaring the endorsement issued by the respondents in B.A.No.10771/08/ACO-III dated 15-3-2008 as illegal arbitrary and consequently direct the respondents to consider the application dated 29-1-2008 for construction of stilt, ground plus four floors in T.S.No.1197 part of Block No.57 and T.S.No.1027 part of Block No.43 Waltair Ward. D.No.11-2-18, Dasapalli hills No.19, Visakhapatnam and pass Counsel for the Petitioner:MRS.PULIPATI RADHIKA Counsel for the Respondent No.: MR.N.RANGA REDDY (SC FOR MPL. CORP. VSP) The Court made the following : O R D E R: This writ petition has been filed by K.Venkata Reddy with a prayer to issue a writ of Mandamus or any other appropriate writ or direction declaring the endorsement issued by the respondents in B.A.No.10771/08/ACO-III, dated 15.03.2008 as illegal and arbitrary. 2. The petitioner is the absolute owner and possessor of the land admeasuring 2497 sq. yards in T.S.No.1197 Part of Block No.57 and T.S.No.1027 Part of Block No.43, Waltair Ward. He purchased the same under a registered sale deed dated 27.02.1963. He submitted an application to the Commissioner, the Greater Visakhapatnam Municipal Corporation, Visakhapatnam-1st respondent seeking permission for construction of stilt, ground plus four upper floors. The application filed by the petitioner came to be returned on the ground that the land is a government land as per G.O.Ms.No.657 Revenue (Registration I) Department, dated 08.10.2001. It is the case of the petitioner that the land is not a government land and that he has been in possession of the land since 1963. 3. Heard learned counsel appearing for the petitioner and learned Standing Counsel appearing for the respondents-Corporation. 4. Learned counsel appearing for the petitioner submits that G.O.Ms.No.657 Revenue (Registration I) Department, dated 08.10.2001 on which basis the 1st respondent rejected the building permission to the petitioner has been set aside by this Court in W.P.No.13121 of 2006 and therefore, the application of the petitioner is required to be considered by the 1st respondent afresh. Reliance has been placed on the decision of this Court in M.Murali & Ors. V. State of A.P. & Ors. (W.P.No.13121 of 2006). 5. In view of the above referred decision, the reason assigned by the 1st respondent for rejection of the building permission to the petitioner cannot be sustained. 6. Accordingly, the writ petition is disposed of at the admission stage directing the 1st respondent to consider the application filed by the petitioner seeking building permission afresh and pass appropriate orders thereon within a period of one month from the date of receipt of a copy of this Order. No costs. ________________________ B.SESHASAYANA REDDY, J. Date: 16th June, 2008. cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{LS}