IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 23144 of 2005 Between: M/s. Sri Srinivasa Homes, a Proprietary, Concerned represented by its Sole Proprietrix Smt. Baisetti Revathi, W/o. B. Ajay Kumar, aged about 33 years, Residing at Flat No. 2 4th Floor, Madhuri Residency Apartments, Balaiah Sastry Layout, Visakhapatnam. ..... PETITIONER AND 1 The Visakhapatnam Municipal Corporation, Rep by its Commissioner, Visakhapatnam. 2 The City Planner, Visakhapatnam Municipal Corporation Visakhapatnam 3 Ramudu, S/o Not known to the petitioner, Assistant City Planner, Municipal Corporation, Visakhapatnam. .....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 writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in demolishing the structures of the petitioner building known as GB MANOR, located in T.S. No. 653 to 688, Ward No. 23, Madhavavari Peta, Visakhapatnam and threatening to demolish the structures of the building further as illegal, void, arbitrary, violative of the principles of natural justice and contrary to the provisions of HMC Act and pass such other order or orders as this Hon'ble court may deem fit and proper in the circumstances of the case Counsel for the Petitioner:MR.T.S.VENKATARAMANA Counsel for the Respondent No.: MR.N.RANGA REDDY (SC FOR MPL. CORP. VSP) The Court made the following : THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No : 23144 of 2005 O R D E R : This writ petition is filed seeking a declaration that the action of the respondents–Visakhapatnam Municipal Corporation in proposing to demolish the structures of the petitioner known as G.B.Manor, located in T.S.No.653 to 688, Ward No.23, Madhavavari Peta, Visakhapatnam, is arbitrary and illegal. This Court while directing rule nisi, by order dated 27-10-2005, granted interim stay of demolition and the said order continued in operation all through. When the matter is taken up for consideration, learned counsel for the petitioner submitted that during the pendency of this writ petition, the petitioner had made an application for regularization of the constructions in question in terms of BPS scheme issued under G.O.Ms.No.901. Since the said fact has not been disputed by the counsel for the respondents, I deem it appropriate to dispose of the writ petition with a direction to the respondents not to indulge in demolition of the structures in question till the request of the petitioner is considered and appropriate orders are passed. No costs. ______________ G. ROHINI, J Dated: 23-01-2009 KLP