APHC010562282017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY ,THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 32777/2017 Between: G Vennurswamy ...PETITIONER AND The Principal Secretary Municipal Adminstration And and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. M/S LEGOAL LAW SERVICES Counsel for the Respondent(S): 1. Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 2. GP-MUNCIPAL ADMN AND URBAN DEV(AP) The Court made the following: ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “…to issue writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the inaction of the Respondent No.2 for not considering the representation dated 23-06-2017 pertaining to building permission of the petitioner as illegal, arbitrary and unconstitutional and o consequently direct the Respondent No.2 to consider the representation dated '23-062017 pertaining to building permission of the petitioner in accordance with law and to pass…” 2. The petitioner herein has purchased a land admeasuring 240 square yards in Sy.No.422/1B/2B, situated at 8th ward (Sankarappa Thota Veedhi) Kalyandurg town vide registered document dated 30.12.2016 and has subsequently submitted an application to the 2nd respondent for permission to construct a building; pursuant to the same, the 2nd respondent has raised an objection stating that the subject land is under litigation before the jurisdictional civil court vide O.S.No.95 of 2016. The main grievance of the petitioner is that though the petitioner has submitted a representation dated 23.06.2017 to the 2nd respondent stating that land in dispute in the civil suit is different from the one purchased by him, the 2nd has not considered the same and has not accorded the required permission. Hence the present writ petition is filed. 3. Heard learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development and Mrs. Sireesha Rani Vallabhaneni, learned Standing Counsel for respondent No.2. 4. Today when the writ petition came up for hearing, learned Standing Counsel has produced a copy of instructions of the 2nd respondent wherein it is stated that the petitioner herein has purchased the subject land in Sy.No.422/1B/2B of Kalyanadurgam revenue village vide registered document No.4208/2016, dated 31.12.2016 of SRO, Kalyanadurgam. However, as the survey number in which the subject land originally exists and the survey number mentioned in the registered document does not tally, the said registered sale deed was cancelled vide registered cancellation deed bearing document No.3479 of 2017, dated 12.12.2017. It is further stated that when the registered document itself was cancelled, sanctioning the building permissions to the petitioner does not arise. Hence requested to dismiss the writ petition. 5. The facts of a writ petition are not in dispute. It can be understood that the petitioner, vide registered document No.4208 of 2016 has purchased a land admeasuring 240 square yards in Sy.No.422/1B/2B of Kalyanadurgam revenue village. But, when the respondents have identified that there is a disparity between the survey number in which the land exists and the survey number mentioned in the registered document No.4208 of 2016, the subject property registered in favour of the petitioner was cancelled vide registered cancellation deed bearing document No.3479 of 2017 on 12.12.2017 by SRO, Kalyandurgam. When the subject property registered in the name of the petitioner was already cancelled vide registered cancellation deed dated 12.12.2017 bearing document No.3479 of 2017, the question of sanctioning the building permission to the petitioner does not arise. 6. In view of the above discussion, this writ petition is dismissed as it is devoid of merits. No costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. ___________________ JUSTICE V.SUJATHA Date: 06.02.2025 GSS