THE HON’BLE SRI JUSTICE N.V. RAMANA W.P. No. 11868 of 2009 Oral order: Aggrieved by the inaction of respondent Nos. 1 to 3 in taking steps to stop the illegal/unauthorized constructions being made by respondent No.4 contrary to the approved plan in Sy. No. 341/1, NTR Marg, Amalapuram, East Godavari District, the petitioner filed the present writ petition. Respondent No.2 filed counter denying the allegations made by the petitioner that he made several complaints, but admitted that they received a complaint on 29.05.2009 without enclosing any photos/documents. It is further stated that respondent No.4 submitted application for regularization of certain deviations in terms of G.O. Ms. No. 901, dated 31.12.2007 and G.O. Ms. No. 112, dated 31.01.2008, and for want of certain documents, the same is pending consideration. After reserving the matter for orders, respondent No.4 filed counter denying the allegations made by the petitioner. He submitted that respondent No.4 entered into a Memorandum of Understanding with the petitioner on 06.08.2007 as regards the constructions made, and concealing about the Memorandum of Understanding, the petitioner filed the present writ petition. He submitted that under the Building Penalization Scheme, the petitioner is entitled to get the illegal/unauthorized constructions made by him regularized, and therefore, he submitted application along with penalty of Rs.1,28,000/-, and the said application having been numbered as Application No.68/2008, dated 12.07.2008, is pending consideration before respondent No.3. Hence, he prayed that the writ petition be dismissed. Heard the learned counsel for the petitioner, the learned Standing Counsel for respondent No.3 and the learned counsel for respondent No.4, and having regard to the facts and circumstances of the case, I deem it appropriate to dispose of the writ petition with the following directions: Respondent No.3, before considering the application made by respondent No.4 under the Building Penalization Scheme for regularization of the illegal/unauthorized constructions made by him contrary to the sanctioned plan, shall issue notice to respondent No.4, and after considering the objections, if any, to be filed by him, pass appropriate orders in accordance with law. Accordingly, the writ petition is disposed of. No costs. ___________________ N.V. RAMANA, J. Dated: 6th October, 2009 KSR