THE HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PEITITON No.2407 of 2010 DATED:23.12.2010 BETWEEN: ALI BIN SHAHRAN & ANOTHER. …PETITIONER. AND: GREATER HYDERABAD MUNICIPAL CORPORATION, HYDERABAD & OTHERS …RESPONDENTS. THE HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PEITITON No.2407 OF 2010 ORDER: - This writ petition is filed by the petitioners seeking for a writ of mandamus to declare the action of the respondents in issuing final notice, dated 31.1.2010 under section 636 of the Hyderabad Municipal Corporation Act 1955 (for short ‘Act’) without issuing a preliminary notice under section 452 of the Act and interfering with the possession of the property of the petitioner situated at H.No:22-6-1021, Irani Galli, Hyderabad as illegal and arbitrary and contrary to the provisions of the Act and consequently, to direct the respondents not to interfere with the petitioners’ rights over the property in question. The case of the petitioners is that they are the absolute owners and possessors of the property admeasuring 418 square yards situated at H.No:22-6-1021, Irani Galli, Hyderabad having purchased the same by way of registered sale deeds dated 28.10.1998, 16.11.2001 and 15.3.2007 and settlement deed mde in 1988. Since the date of purchase, the petitioners and their family are in peaceful possession of the same without any interruption. As the old structures in the property were congested for the petitioners and their big family, they hve made construction of a residential building consisting of Ground + 3 upper floors by demolishing a part of the old structures in the year 2007. They were not aware of the legal formalities in obtaining permission from the respondents before undertaking the construction and therefore, they made construction without obtaining any valid permission from the respondents-authorities. It is their further case that while so, when they completed major construction work in the property including laying slabs and construction of walls except the internal work which was kept pending due to financial constraints, the Government of Andhra Pradesh issued G.O.Ms.No:901, M.A. dated 31.12.2007 which was name as ‘the A.P. and Penalisation of Unauthorisedly Constructed Buildings and Buildings constructed in Deviation of Sanction Plan Rules, 2007’ and the Government proposed under the said G.O to regularise the buildings, which were constructed without obtaining permission from the respondents-authorities by collecting the penal amount. Pursuant to the said G.O, the petitioners made an application on 15.7.2008 seeking regularisation of the construction made by them without obtaining permission, along with the payment of requisite fee. It is their further case that while so, the officials of the 1st respondent visited the property of the petitioners on 4.12.2010 and served the notice dated 31.1.2010 under section 636 of the Act stating that the construction made in the property is unauthorised without obtaining permission and thereby, directed the petitioners to remove the construction within 24 hours. Hence, the present writ petition is filed by the petitioners. On 5.2.2010 while ordering notice before admission, this Court granted status quo with regard to the property in question until further orders. In this case, no counter is filed by the respondents. Heard the learned counsel for the petitioners and the learned Standing Counsel for the respondents-authorities. It is contended by the learned counsel for the petitioners that the petitioners are the absolute owners and possessors of the property in question and as per G.O.Ms.No:901, dated 31.12.2007, the petitioners are entitled to make an application for regularisation of the constructions made by the petitioners. But, without considering the said representation, the respondents-authorities have directly issued the impugned notice and therefore, the action of the respondents is arbitrary and illegal. Irrespective of the fact as to whether the petitioners are entitled for regularisation of the constructions made by them, in pursuance of G.O.Ms.No:901, or not, the fact remains that the petitioners made an application dated 15.7.2008 to the respondents authorities for regularisation of the constructions made in the property in question and the same is pending. However, in the facts and circumstances of the case coupled with the fact that the petitioners made an application on 15.7.2008 for regularisation of the constructions made by the petitioners, without expressing any opinion on the merits of the case, I feel it just and proper to direct the respondents to dispose of the application of the petitioners, dated 15.7.2008 within a period of two (2) months from the date of receipt of a copy of this order. Till such time, status quo shall be maintained as to the constructions that are existing in the property in question. With the above direction, this writ petition is disposed of. No costs. ___________________ Justice G.Chandraiah Date:23.12.2010 Gurc. THE HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PEITITON No.2407 of 2010 DATED:23.12.2010