THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO. 21 OF 2011 O R D E R: This Writ Petition is filed seeking to declare the action of respondent No.2 – Greater Visakhapatnam Municipal Corporation in rejecting the application of the petitioner, which was filed for regularization under G.O.Ms.No.901, dated 31.12.2007, seeking penalization and regularization of the building through its proceedings in BPS No.02859/Ward No.31/2008/ACPIV/G2, dated 23.10.2010, as illegal and arbitrary and consequently, direct the respondents to consider and dispose of the application of the petitioner afresh in accordance with law. 2. On 06.01.2011 when Notice Before admission was issued, on instructions, the learned counsel for the petitioner submitted that the writ petitioner is willing to demolish the offending constructions made in the cellar/parking slot within a period of three (3) months from the date of order, and on that this Court granted interim direction as prayed for pending notice in the writ petition for a period of three months. 3. The petitioner has not complied with the conditional order, dated 06.01.2011, passed by this Court. The main Writ Petition was filed to declare the action of respondent No.2 in rejecting the application of the petitioner, which was filed for regularization under G.O.Ms.No.901, dated 31.12.2007, seeking penalization and regularization of building through its proceedings in BPS No.02859/Ward No.31/2008/ACPIV/G2, dated 23.10.2010. 4. The application of the petitioner seeking for regularization does not come within the purview of G.O.Ms.No.901, dated 31.12.2007, as the petitioner made constructions in the cellar/parking slot. Therefore, when the petitioner was willing to remove constructions made in the cellar/parking slot within a period of three (3) months, question of regularization may not arise. Hence, the Writ Petition is devoid of merit and is liable to be dismissed. 5. Accordingly, the Writ Petition is dismissed giving liberty to the second respondent to remove the offending constructions made in the cellar/parking slot at the expenses of the petitioner. There shall be no order as to costs. _______________ K.C.BHANU, J OCTOBER 31, 2011 YVL IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTY FIRST DAY OF OCTOBER TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO. 21 OF 2011 Between: Dasu Surya Narayana Gupta …PETITIONER AND The Government of A.P. and another ...RESPONDENTS The Court made the following :