THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY W.P.No. 73 of 2008 ORDER: The petitioners are spouses and the owners of land in T.S.No.310/1 of Gorlevari Street, Chowk Road, Srikakulam Town admeasuring 1152.42 square meters. They submitted an application to the respondent-Municipality seeking permission to construct the building. Permission was accorded on 30.08.2007 for construction of ground and three upper floors. The respondent issued a notice under Section 217(1) of the Andhra Pradesh Municipalities Act, 1965 (for short “the Act”) alleging that the petitioners have constructed the cellar and did not leave the required open spaces. In addition to that a show cause notice was issued to the petitioners under Section 344 (6) of the Act requiring the petitioners to explain as to why the permission accorded on 30.08.2007 be not cancelled. This writ petition is filed challenging the proceedings initiated by the respondent. Heard the learned counsel for the petitioners and the learned standing counsel for the respondent. There is no dispute that the petitioners made construction on the strength of permission accorded to them on 30.08.2007. The deviations pointed out against them are that cellar was constructed and the open spaces were not maintained. The petitioners offered their explanation and an application was also made by them in October, 2007 seeking additional permission. Two months thereafter, the Government issued G.O.Ms.No.901 dated 31.12.2007 providing for regularisation of deviations, if any. It is not known as to whether the petitioners have availed the benefit under the G.O. or whether additional permission sought for by the petitioners was accorded. Even now the verification can be done. Therefore, the writ petition is disposed of directing the respondent that in case the petitioners have submitted the application seeking regularisation of deviations, the respondent shall not take any further steps vis-à-vis the building till the application submitted by them is disposed of. If any such application was made it shall be open to the respondent to inform the petitioners of their intention to proceed further under the relevant provisions of the Act. There shall be no order as to costs. L.NARASIMHA REDDY,J Dt. 03.03.2011 lvl THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY W.P.No. 73 of 2008 Dt. 03.03.2011