THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.6574 OF 1999 14.03.2006 Between: C.L.V.Narasimham, S/o.C.Thimmappa … Petitioner AND The Commissioner, Municipal Corporation of Kurnool, Kurnool. … Respondent THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.6574 OF 1999 ORDER: The petitioner constructed a residential house in 1995 in Ashok Nagar, Kurnool over a house site admeasuring 141 Sq.mts., and under the impression that he is not required to obtain any permission for construction, as the carpet area was less than 111 Sq.mts. When the Government issued G.O.Ms.No.243 dated 22.5.1996 for regularization of unauthorized constructions on plots admeasuring 200 Sq.mts., the petitioner approached the respondent for regularizing the construction on condition of paying a sum of Rs.10,000/- through Banker’s cheque. The petitioner submits that he paid a sum of Rs.3,500/- on 21.02.1997 and another sum of Rs.2,500/- on 05.02.1997. He, however, could not pay the balance of Rs.4,000/-. Be that as it is, the Government of Andhra Pradesh again issued G.O.Ms.No.419, dated 30.07.1998 introducing the revised scheme of regularization of unauthorized constructions. The petitioner then approached the respondent for regularization, offering to pay the balance of Rs.4,000/- as per the notice dated 01.11.1996. However, the respondent-Corporation issued an endorsement dated 25.11.1998, directing the petitioner to pay a sum of Rs.38,865/- towards penal amount and other charges. Aggrieved by which, the present writ petition is filed. Though notice was served on the respondent, none appears for the respondent, and counter affidavit is not filed. The petitioner availed the benefit of regularization of unauthorized constructions in accordance with G.O.Ms.No.243, dated 25.05.1996, G.O.Ms.No.382, dated 27.07.1996 and G.O.Ms.No.446, dated 31.08.1996. Considering his request, the respondent issued UC No.7/96/BA dated 01.11.1996 calculating the penal amount payable by the petitioner at Rs.10,000/-. The petitioner acted upon the same and paid a sum of Rs.6,000/- as noticed hereinabove. Presumably, the amount was calculated keeping in view the penalty amount per square yard/per metre. After issue of G.O.Ms.No.419, dated 30.7.1993, there was no further necessity to recalculate the penal amount, which appears to have been enhanced when the latter G.O. was issued. Therefore, it would not be fair to ask the petitioner to pay the penal amount as demanded by the impugned notice/endorsement dated 25.11.1998. In view of the same, the writ petition is disposed of directing the respondent to accept the balance amount of Rs.4,000/- as per the notice, dated 01.11.1996, and issue necessary orders. The Writ Petition is accordingly disposed of. No costs. _____________ (V.V.S.RAO,J) March 14, 2006. YS