( 1 ) 1. The petitioner purchased a piece of land measuring 406 square yards at King koti road, Hyderabad in the year 1971 from H. E. H the Nizam. She gave a notice dated 13-4-1971 to the Commissioner (the respondent herein) intimating her intention to construct five mulgees with a stair-case and the same was got accompanied by a plan. A stair-case was proposed on the front side abutting the road and a residential house was proposed on the rear side On 17-4-1971 the Commissioner addressed a letter to the petitioner stating that the land in question forms fart of King Koti premises which has been subdivided into different portions without any approval of the Corporation in lerms of Section 388 of the Hyderabad municipal Corporations Act, 1955 (herein after referred merely as the act ). The permission is therefore refused and the plans were returned. The petitioner thereupon re-submitted the plans on 17-1-1972 stating that the site abuts on two roads where all amenities are existing and several buildings have been constructed and as such Section 388 does not apply to the facts of the case. The Commissioner did not communicate either his approval or disapproval within