M.S. Ramachandra Rao, J.

1. This Writ Petition is filed seeking a Writ of Mandamus to declare the action of 1st respondent in rejecting the application made by the petitioner for building permission in respect of plot No. 44, block No. 50 in T.S. No. 1196/43 (B), Waltair Ward, Visakhapatnam, vide Endorsement in Rc. No. 15798/2012/ACP-III Dt. 10-05-2013 as illegal, arbitrary and unconstitutional and to issue consequential direction to 1st respondent to approve the building permission in favour of the petitioner in respect of the said property.

2. The above property is of extent 836 sq.yds and the petitioner had purchased the same under registered sale deed Dt. 28-01-2009 from the previous owner Anjuman-E-Badri. The petitioner's vendor had previously purchased the same from its previous owner Dantuluri Sanyasi Suryanarayana Gajapati Raju under registered sale deed Dt. 17-02-1990. The said Gajapathi Raju had inherited the property from his father who had purchased the same from the Rani of Daspalla in 1958. According to petitioner the property has always been private property and was neither assigned land nor does it belong to the Government.

3. Petitioner applied for permission for construction of a residential building in the year 2009 to the respondents. The said application was returned on 05-06-2009 on the ground that T.S. No. 1196, Waltair Ward, Visakhapatnam was previously notified as Government property u/s. 22-A of Registration Act, 1908 in G.O.Ms. No. 657 Dt. 08-10-2001 and so building permission cannot be granted for it. Petitioner filed W.P. No. 27840 of 2009 questioning the same. The said Writ Petition was allowed on 22-12-2009 holding that the said G.O. was struck down by the High Court in another case and the application of the petitioner cannot be returned by the respondents on that ground. It directed consideration of the petitioner's application for building permission afresh.

4. Thereafter, the respondents again rejected grant of permission to the petitioner for making construction in her property by proceedings Dt. 18-02-2010. Petitioner questioned the same in W.P. No. 30225 of 2011. The said Writ Petition was allowed on 24-09-2012 setting aside the proceedings Dt. 18-02-2010 of 1st respondent and directed 1st respondent to reconsider the application filed by the petitioner. This Court held that the objections raised by 1st respondent to reject the petitioner's application for grant of building permission are not tenable. It held that by virtue of the decision of this Court in W.P. Nos. 21487 and 21493 of 2000 Dt. 11-09-2009, the land in T.S. Nos. 1196 and 1197 of Walt air Ward cannot be considered to be Government land and on that ground, the respondents cannot reject application of the petitioner for building permission. This order became final.

5. Thereafter, 1st respondent issued another endorsement Dt. 23-01-2013 requiring the petitioner to submit link documents for the purpose of consideration of the building application of the petitioner. Petitioner submitted all the link documents to the respondents.

6. Thereafter, the impugned endorsement Dt. 10-05-2013 was issued by 1st respondent rejecting the application of the petitioner on a new ground that T.S. No. 1196/43 (B) of Waltair Ward, Visakhapatnam is earmarked for recreation and as open space (park) use by 1st respondent and as such as per the zoning regulations, residential building permission cannot be granted. There is also a reference to Order Dt. 04-06-2012 in W.P. No. 36920 of 2012 of this Court without stating how that order is relevant to the case of the petitioner. It is merely stated that the District Collector, Visakhapatnam had filed an application to vacate the order and the Government had entrusted the matter to the learned Advocate General to defend the interest of the Government in respect of the lands in T.S. No. 1027, 1028, 1196 and 1199 of Waltair Ward, Dasapalla Hills, Visakhapatnam.

7. Challenging this endorsement, petitioner has f