- (1.) Writ Petition No.20749 of 2014 is filed for a Mandamus to declare proceedings in D.Dis.No.2041/2002/R3, dated 28.12.2002, of respondent No.2 as illegal and arbitrary and respondent No.4 therein filed Writ Petition No.31782 of 2015 for a Mandamus to declare the action of the Director, Town and Country Planning, Andhra Pradesh, in returning the proposals for construction of first floor by it at Door No.15 -4 -3, Bapuji Nagar, Kovvur, West Godavari District, as illegal and arbitrary.
(2.) For convenience, the parties are referred to as they are arrayed in Writ Petition No.20749 of 2014. Respondent No.4 has acquired a plot adjacent to the residential building of the petitioner. It has obtained permission from respondent No.2 for construction of a building for running a commercial bank. The petitioner has filed Writ Petition No.3301 of 2003 for a Mandamus to declare the grant of permission by respondent No.2 to respondent No.4 to construct a commercial building in a residential area as illegal and untenable. In the counter -affidavit filed by respondent No.2 in the said Writ Petition, it was inter alia stated that the Municipal Council, Kovvur, vide its resolution No.216, dated 28.11.2002, resolved to send the proposals to respondent No.2, who was perceived as the competent authority for granting such permission, who, in turn, accorded permission to respondent No.4 to construct a building for running a bank. In order to sustain the building permission, reliance was placed by respondent No.4 on Schedule -II of the Zoning Regulations, Floor Area Ratio and other Building Requirements in Andhra Pradesh (for short the Zoning Regulations), made under the Andhra Pradesh Town Planning Act, 1920, which deals with the Residential Use Zone. This Court by order, dated 26.11.2009, dismissed the said Writ Petition holding that the competent authority can grant permission to use the buildings in the Residential Use Zone for the purposes, inter alia, of running retail shops, local banks with safe deposits vaults, etc., and therefore, permission granted by respondent No.2 in favour of respondent No.4 was in conformity with Schedule -II of the Zoning Regulations. Feeling aggrieved by the said order, the petitioner carried the matter in Writ Appeal No.306 of 2014. A Division Bench of this Court while observing that it does not find any illegality or infirmity in the order under appeal, however, granted liberty to the petitioner to file a fresh Writ Petition challenging permission, dated 28.12.2002, granted by respondent No.2 in favour of respondent No.4. It is in pursuance of this permission, that the petitioner has filed Writ Petition No.20749 of 2014.
(3.) The reason for respondent No.4 for filing Writ Petition No.31782 of 2015 is that respondent No.2 has returned its application filed for granting permission to construct first floor over the existing building on the ground of pendency of Writ Petition No.20749 of 2014.;