HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.16167 of 2008 Date : 22.12.2009 Between : Yerneni Janakiramaiah. …..Petitioner And The State of A.P., rep. by its Chief Secretary & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.16167 of 2008 ORDER : In this writ petition, the petitioner questions the notice, dated 03.04.2008, issued by the 3rd respondent-Urban Development Authority, in Rc.No.C8/ADM/2008/39, directing him to submit plans with regard to the constructions alleged to have been made by him unauthorizedly. 2. It is the case of the petitioner that he has constructed godowns in a plinth area of 1,49,000 square feet, covered by R.S.No.157/1, 158/1 & 3, 159/1 & 2, 160/1 & 3, 242/1B & 2, situated within the limits of Ganguru Gram Panchayat. It is submitted that for the said constructions, the petitioner has already obtained approved plans from the Grampanchayat, and in that view of the matter, he need not make an application under the Building Regularisation Scheme, pursuant to the impugned notice. 3. By the aforesaid notice, the petitioner was directed to submit application under the Building Regularisation Scheme, along with necessary Demand Draft, by paying the penal amount on or before 30.04.2008. The notice further indicates that if any further guidance is required, petitioner has to contact the head office of the Urban Development Authority. 4. The petitioner feels that since the constructions made by him have been made as per the approved plan, and therefore, he cannot be compelled to file the application under the Building Regularisation Scheme. It is for the petitioner whether to utilize the scheme notified by the respondents or not. If the petitioner feels that the constructions are made as per the plans approved by the competent authority, he need not make any application. In the absence of any further steps indicated in the impugned notice, there is no justification for the petitioner to approach this Court at this stage. 5. For the aforesaid reasons, I deem it appropriate to dispose of the writ petition, directing the respondents not to insist upon the petitioner to apply under the Building Regularisation Scheme, by paying the penal amount. However, it is made clear that if the constructions made by the petitioner are unauthorized, or, are being made without obtaining the approved plans from the competent authority in the notified area under the provisions of the A.P. Urban Areas (Development) Act, 1975, this order will not preclude the respondents from taking steps in accordance with law for removal of such unauthorized constructions. 6. Subject to above directions, the writ petition is disposed of. No order as to costs. ______________________ R.SUBHASH REDDY, J 22nd December 2009 ajr