IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.14642 of 2006 Between: Sri V. Prasada Rao, S/o. Late V. Guruswamy, R/o. 12-11-1488, Warasiguda, Boudhanagar, Secunderabad. ..... PETITIONER AND The Additional Commissioner, Municipal Corporation of Hyderabad, Secunderabad Division, Secunderabad. .....RESPONDENT Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to declare that the notice issued by the respondent vide No.2028/TP/MCH/SD/2002 dt. 14.7.2006 as illegal, arbitrary by issuing a writ of Mandamus and consequently direct the respondent not to proceed with further. Counsel for the Petitioner: MR.A.K.NARASIMHA RAO Counsel for the Respondent: MR.R.RAMACHANDRA REDDY The Court made the following: THE HONOURABLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.14642 OF 2006 ORDER: This writ petition is filed questioning the notice dated 14.07.2006 issued by the Municipal Corporation of Hyderabad, Town Planning Section, Secunderabad Division, whereunder the petitioner was directed to remove the constructions made by him in deviation of the sanctioned plan in respect of his house bearing Door No.12-11-1488 situated at Warasiguda, Secunderabad, within a period of 24 hours from the date of notice. This Court, on 17.07.2006, while issuing notice before admission, directed the parties to maintain status quo obtaining as on that date for a period of two weeks and thereafter the same was extended. Today, when the matter came up for hearing, learned counsel for the petitioner submits that subsequent to filing of the writ petition, the petitioner submitted an application to the Greater Hyderabad Municipal Corporation on 25.03.2008 for regularization of the constructions made by him in deviation of the sanctioned plan, as per the scheme introduced by the Government in G.O.Ms.No.901 MA dated 31.12.2007 and G.O.Ms.No.112 MA dated 31.01.2008, and the said application is pending consideration. Learned Standing Counsel appearing for the respondent submits that in view of the interim orders passed by a Division Bench of this Court in the Public Interest Litigation filed with regard to regularization of unauthorized constructions, the Corporation is not able to consider the application submitted by the petitioner. In the circumstances, I deem it appropriate to direct the respondent Corporation to consider the application submitted by the petitioner for regularization of the constructions made by him in deviation of the sanctioned plan and take appropriate action in accordance with the orders to be passed by this Court in the Public Interest Litigation referred to above. Till such time, status quo obtaining as on today shall be maintained by the parties and the petitioner shall not create any third party interest in respect of the property in question. With the above directions, the writ petition is disposed of. No order as to costs. _________________ JUSTICE N.V. RAMANA 27th January, 2009 IBL