IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTIETH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.30964 of 1998 Between: Dr.Azra Mahmood, W/o. Syed Abdul Khader, R/o. 3-5-882, Old M.L.A.Quarters, Himayathnagar Hyderabad. ..... PETITIONER AND 1 The Commissioner & Special Officer, Municipal Corporation of Hyderabad, Tank Bund, Hyderabad. 2 The Deputy Commissioner, Municipal Corporation of Hyderabad, Circle No.III, Abids, Hyderabad. .....RESPONDENTS 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 or order or direction, particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in seeking to demolish the third floor of the premises bearing H.No.3-5- 882, old M.L.A. Quarters, Himayathnagar, Hyderabad, belonging to the petitioner, without considering the petition submitted by the petitioner, along with demand drafts bearing Nos. 273617 and 608062 dated 29/10/1998 and 27/10/1998 for Rs. 5,000/- and Rs.10,000/- respectively drawn on the State Bank of Inida, M.J.J.Road, Nampally, Hyderabad and State Bank of Hyderabad, as illegal, arbitrary and unwarranted and contrary to the orders of the Government for regularisation of unauthorised constructions and pass Counsel for the Petitioner:MR.J.ASHOK KUMAR Counsel for the Respondent No.: SMT.KALPANA EKBOTE The Court made the following: Form-NIC-OGS/WP{SRAVAN} THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.30964 of 1998 O R D E R: None appears for the petitioner. The case of the petitioner is that he is the owner of House property bearing No.3-5-882, old MLA quarters, Himayathnagar, Hyderabad. It is stated that the petitioner re-constructed the said building after obtaining necessary permission for the construction of Ground, First and Second floors, but he has made the third floor also contrary to the said permission, therefore, a representation is said to have been made to the Special Officer, Municipal Corporation of Hyderbad and paid regularization fee of Rs.15,000/- by way of Bankers cheques bearing No.273617, dated 29.10.1998 for a sum of Rs.5,000/- and another cheque No.608062, dated 27.10.1998 for a sum of Rs.10,000/- drawn State Bank of India, M.J.Road, Nampally, Hyderabad, but his representation was not considered. When there was threat of demolition, the petitioner filed the present writ petition and obtained interim stay of demolition by order dated 06.11.1998. I am of the opinion that if there is any application for regularization of unauthorized structures said to have been made contrary to the permission in respect of the petitioner’s property, it is for the respondents to consider and disposal of the same. The petitioner has not furnished copy of such representation and hence no counter is forthcoming. Having regard to the facts of the case, the petitioner is directed to file another representation immediately before end of June, 2008 pursuant to the scheme announced by the Government for regularization of unauthorized/deviated constructions, and on filing such application, the respondents may consider and dispose of the same, in accordance with law. The Writ Petition is, accordingly, disposed of. No order as to costs. ___________________ V.ESWARAIAH,J Dated: 20.06.2008 Dsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Commissioner & Special Officer, Municipal Corporation of Hyderabad, Tank Bund, Hyderabad. 2 The Deputy Commissioner, Municipal Corporation of Hyderabad, Circle No.III, Abids, Hyderabad. 3.2CCs to 4.2CD copies