IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 12351 of 2008 Between: 1 Dr. C. Vajaya Saradhi, 16-11-112, Pogathota, Nellore-524 001 2 C. Swarupa Rani, W/o. Dr.C. Vijaya Saradhi 16-11-112, Pogathota,Nellore-524 001 3 C. Gopi Krishna S/o. Dr.C. Vijaya Saradhi 16-11-112, Pogathota,Nellore-524 001 ..... PETITIONER(S) AND 1 The Municipal Corporation , Nellore, rep. by its Commissioner. 2 The Commissioner, The nellore Municipal Corporation, Nellore. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a Writ of Mandamus or any other appropriate writ or order or direction declaring that the action of the 1st respondent in demolishing the Pillars and threatening to demolish the existing structure without issuing any notice and without giving any opportunity as illegal, arbitrary and against the principles of natural justice and pass Counsel for the Petitioner:MR.KATAKAMSUNEEL BABU Counsel for the Respondent No.: MR.A.SREEDHAR The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 12351 OF 2008 ORDER: 1. This writ petition has been filed by the petitioners who are three in number assailing the action of the respondents in demolishing the pillars raised by them and also threatening to demolish the existing structures without issuing any notice. 2. Sri Vijaya Saradhi has sworn to the affidavit filed in support of the writ petition. The writ affidavit averments in brief are:- The petitioners submitted application for construction of ground + two floors and got the plan approved vide No. B.A. No. 153/07, dated 12- 3-2007. They completed construction of ground + two floors with some minor deviations. They also filed application under ‘Building Penalization Scheme’ by paying necessary penalty for regularization of the unauthorized construction. With regard to construction of IIIrd floor they submitted application on 3-9-2007 seeking permission. But the 1st respondent neither rejected the application nor accorded approval within the statutory period of 30 days. Therefore, the petitioners raised pillars for construction of 3rd floor. While so, the officials of the 1st respondent came with some workers and demolished the pillars raised for the construction of 3rd floor. Hence, this writ petition, assailing the action of the respondents. 3. 2nd respondent filed counter affidavit. T.S.R. Anjaneyulu, has sworn to the counter affidavit. It is stated in the counter affidavit that the petitioners constructed the building deviating the approved plan for ground + two floors. It is further stated in the counter affidavit that the petitioners did not make any application for construction of 3rd floor as alleged by them on 3-9-2007. 4. When the writ petition came up for admission, with the consent of counsel for parties, the writ petition itself is taken for disposal. 5. Heard learned counsel appearing for the petitioners and learned standing counsel for respondents. 6. Learned counsel for the petitioners submits that the petitioners submitted application on 3-9-2007 seeking permission for construction of III floor. He further submits that with regard to deviation made in the ground + two floors, an application has been filed for regularization and the same is pending for consideration. 7. Whereas it is contended by the learned standing counsel appearing for the respondents that the petitioners have not filed any application seeking permission for construction of 3rd floor and when the petitioners attempted to raise some columns without any permission to construct 3rd floor, the respondent officials demolished the said constructions. 8 .A fact remain that the petitioners yet to commence construction of 3rd floor. 9. In that view of the matter, I deem it appropriate to direct the petitioners to make a fresh application seeking permission for construction of 3rd floor. With regard to the existing structures in ground + two floors, his application under ‘Building Penalization Scheme’ is stated to be pending consideration and therefore, there shall be status quo with regard to the demolition of constructions existing as on this day in the ground + two floors. 10. With the above observation, this writ petition is disposed of. No order as to costs. ______________________________ Justice B. Seshasayana Reddy 28th July, 2008. Note: C.C. in a week. B/o KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 12351 OF 2008 28th July, 2008.