THE HONOURABLE SRI JUSTICE N.V. RAMANA CONTEMPT CASE No.366 of 2010 ORDER: This contempt case is filed complaining willful disobedience on the part of respondents 1 and 2 herein in complying with the order dated 20.01.2009 passed by this Court in W.P. No. 367 of 2009, whereunder respondents 1 and 2 herein were directed to consider the representations of the petitioner, dated 27.11.2006 and 23.04.2007, for demolishing the unauthorized constructions made by respondents 3 and 4 herein, and pass appropriate orders in terms of the provisions of the A.P. Municipalities Act, 1965, after issuing notices to the effected parties. Respondent No.1- Commissioner, Markapur Municipality, filed a detailed counter-affidavit, wherein it is stated that, in compliance of the aforesaid orders of this Court, notices were issued to respondents 3 and 4, pursuant to which they submitted explanation. Thereafter, on verification of records, it was found that the Municipality has sanctioned building plan vide B.A.No.98/2006 dated 31.08.2006 in favour of respondent No.4, with regard to constructions at Door No.1- 203-R4, basing on the documents produced by him. So far as the constructions made by respondent No.3 at H.No.1-205-R4, are concerned, it is stated that respondent No.3 has made an application for regularization of the said constructions under Building Penalization Scheme (BPS) and that the same is not yet finalized by the Municipality. It is further stated that a civil suit in O.S.No.126 of 2006 is pending on the file of Principal Junior Civil Judge’s Court, Markapur, in connection with the subject matter, and that all the above facts have been informed to the petitioner, by the Municipality, vide endorsement dated 03.05.2010. The said endorsement dated 03.05.2010 is also placed before this Court, wherein, while indicating all the aforesaid facts, it was informed that all the applications under BPS will be finalized by 30.06.2010 on merits and that the Standing Counsel of the Municipality gave his opinion that the Municipality can initiate further action soon after finalization of civil suit pending between the parties. In view of the above, no further orders need be passed in this contempt case and the same is liable to be closed. Accordingly, the contempt case is closed, reserving liberty to the petitioner to avail the remedies available to him under law. ________________________ JUSTICE N.V. RAMANA 23rd June 2010 IBL