IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 14999 of 2008 Between: 1 Kosti Rohit Kumar S/o. Kosti Kumar Harinath R/o.H.No.19-56/11, Prashanth Nagar, Phase-II, Kapra, Hyderabad. 2 Kosti Sai Shravan Kumar S/o. Kosti Kumar Harinath R/o.H.No.19-56/11, Prashanth Nagar, Phase-II, Kapra, Hyderabad. ..... PETITIONERS AND 1 The Greater Visakhapatnam Municipal Corporation, rep. by its Commissioner, Visakhapatnam, Visakhapatnam District. 2 The City Planner, Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Visakhapatnam District. 3 The Additional City Planner, Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Visakhapatnam District. .....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 issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in trying to demolish the petitioners property 3rd floor bearing D.No.29-13-10, situated at Lalitha Colony Area, Allipuram Ward 1457, Visakhapatnam, as illegal, arbitrary and against the principles of natural justice and consequently direct the respondents not to demolish the petitioners property 3rd floor bearing D.No.29-13-10, situated at Lalitha Colony Area, Allipuram Ward 1457, Visakhapatnam and pass Counsel for the Petitioners: MR.RAMA MOHAN PALANKI Counsel for Respondents: MR.N.RANGA REDDY (SC FOR MPL. CORP. VSP) The Court made the following : ORDER: This writ petition has been filed by the petitioners, who are two in number, assailing the action of the respondent in contemplating to demolish the structures made by them in the premises bearing D.No.29-13-10, situated at Lalitha Colony Area, Allipuram Ward 1457, Visakhapatnam, pending the application filed by them claiming the benefit under Building Penalization Scheme. Heard learned counsel appearing for the petitioners and the learned Standing Counsel appearing for the respondents. Learned counsel appearing for the petitioners submits that pursuant to the notice affixed on the premises, the petitioners filed an application as provided under Building Penalization Scheme and their application is still pending consideration. He also placed on record the Photostat copy of receipt of Rs.5000/- paid along with the application field under Building Penalization Scheme. In that view of the matter, the Writ Petition is disposed of at the admission stage with a direction to the respondents not to initiate proceedings for demolition of structures put up by the petitioners bearing premises D.No.29-13-10, situated at Lalitha Colony Area, Allipuram Ward 1457, Visakhapatnam, pending consideration of their application filed under Building Penalization Scheme. ____________________________ (B.SESHASAYANA REDDY, J. ) 11th July, 2008 Js. ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Commissioner, Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Visakhapatnam District. 2 The City Planner, Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Visakhapatnam District. 3 The Additional City Planner, Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Visakhapatnam District. 4. 2CD copies Form-NIC-OGS/WP{MSN}