THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Contempt Case No.1437 of 2009 (Dated : 18-01-2010) Between: G.Ramakrishna S/o late Subbaiah Dilsukhnagar, Hyderabad. …Petitioner A n d S.P.Singh, I.A.S., Commissioner, Greater Hyderabad Municipal Corporation, Hyderabad. THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Contempt Case No.1437 of 2009 ORDER: This contempt case has been filed complaining disobedience of the order dated 30.10.2008 passed in Writ Petition No.5130 of 2008. 2. Notice before admission has been ordered on 22.10.2009. 3. The 2nd respondent entered appearance and filed counter. It is stated in the counter that the application filed by respondents 3 and 4 under “Building Penalization Scheme” (BPS) is pending consideration. 4. Paragraph 5 of the counter affidavit needs to be noted and it is thus:- “ It is respectfully submitted pursuant to the said representation the respondents 1 and 2 in the writ petition addressed a letter dated 29.09.2009 to the petitioner stating that the applications filed by the respondents 3 and 4 under Building Penalization Scheme are still pending consideration and unless those applications are disposed of no action can be taken by the Corporation. It was also informed that there is an order by a Division Bench of this Hon’ble Court i.e. W.P.No.1069 of 2008 to effect that no coercive steps shall be taken pending Building Penalization Applications. It was also made clear that this Hon’ble Court also held in the present writ petition that action against the constructions made by the 3rd and 4th respondent can be taken only after disposal of BPS applications. Apart from that further intimation dated 13.11.2009 was also sent to the petitioner by registered post acknowledgment due reiterating the reasons for not taking action against respondents 3 and 4. It is submitted in sprite of the intimation given to him stating that BPS applications are still pending consideration, approached this Hon’ble Court by way of the present contempt case”. 5. Heard counsel appearing for the parties. 6. The direction given in the writ petition to the respondents 1 and 2 therein is to initiate necessary action with regard to the demolition of the constructions made by 3rd and 4th respondents in deviation of the sanctioned plan, after disposal of the injunction application in the civil suit and the building permission application filed by 3rd and 4th respondents. 7. Since it is stated that the building permission application filed by 3rd and 4th respondents is pending consideration, I deem it appropriate to dispose of the contempt case directing respondents 1 and 2 to dispose of the building permission application filed by 3rd and 4th respondents under BPS scheme within two months from the date of receipt of a copy of the order. 8. With the above direction, this contempt case is disposed of at the admission stage. No costs. _______________________ B.SESHASAYANA REDDY, J Dt.18-01-2010 RAR THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Contempt Case No.1437 of 2009 DATED : 18-01-2010