IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 18294 of 2008 Between: 1 Dr.I.Anil Kumar Reddy S/o.Radha Krishna Reddy R/o.Kasturi Devi Nagar, Pogathota, Nellore, Nellore District. 2 Dr.Ch.Rajitha W/o.Anil Kumar Reddy R/o.Kasturi Devi Nagar, Pogathota, Nellore, Nellore District. 3 D.Koti Reddy S/o.Lakshma Reddy R/o.Santhinagar, Nellore, Nellore District. 4 D.Anuradha W/o.Koti Reddy R/o.Santhinagar, Nellore, Nellore District. ..... PETITIONER(S) AND Nellore Municipal Corporation, Nellore, Nellore District, Rep. by its Commissioner. .....RESPONDENT 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 issue a Writ of Mandamus or any other appropriate Writ or direction declaring the action of the respondent in not considering the application No.61/2008 submitted by the petitioners under Building Regularisation scheme as illegal and arbitrary and consequently direct the respondent to consider the application No.61/2008 of the Petitioners as per the Building Regularisation scheme and pass such other or further order or orders. Counsel for the Petitioner:MR.P.GANGA RAMI REDDY Counsel for the Respondent No.: MR.A.SRIDHAR The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 18294 OF 2008 ORDER: 1. Petitioners herein claim to be owners of the land admeasuring 542.33 square yards situated at Gandhinagar, Nellore District having purchased the same under registered sale deed dated 15-5-2006 from one Sri Menakuru Venkata Ramana Reddy and three others. They submitted building permission application, thereupon the respondent-Corporation issued notice under U.C./B.A./No.10/2007/13-VII dt. 16- 8-2007. The petitioners constructed ground + seven floors. The respondent Corporation issued notice U.C./B.A/No.10/2007/13-VII, dated 16-8-2007 under Sections 452(1) and (2) of Hyderabad Municipal Corporation Act, 1952 requiring the petitioner as to why unauthorized construction/deviated portion should not be demolished. The petitioners submitted an application for regularization of the constructions made by them in deviation of the sanctioned plan. They also paid Rs. 5,00,000/- as Penalization fee. Their application is stated to be pending consideration. The petitioner approached this Court seeking a direction to the respondent to consider their application filed pursuant to the ‘Building Penalization Scheme’. 2. When the writ petition came for admission, Sri A. Sridhar, learned standing counsel received notice on behalf of the Nellore Municipal Corporation. 3. The factual aspect of petitioners filing application under ‘Building Penalization Scheme’ and paying Rs. 5,00,000/- as penalization fee is not in dispute. 4. In that view of the matter, this writ petition is disposed of directing the respondent- Corporation to consider the application of the petitioner, in accordance with the ‘Building Penalization Scheme, if there is no impediment in considering his application, as expeditiously as possible and pass appropriate orders. No order as to costs. _____________________________ Justice B.Seshasayana Reddy 22nd August, 2008. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 18294 OF 2008 22nd August, 2008.