The Hon'ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.11649 of 2008 Date: 21.07.2011 Between: Smt.K.Kanaka Durga ..... Petitioner AND The Greater Hyderabad Municipal Corporation, Rep. by its Commissioner, Tank Bund Road, Hyderabad and others. .....Respondents Counsel for the Petitioners: Sri D.Ramesh for Sri Posani Venkateswarlu. Counsel for the Respondents: Smt.Dr.Y.Padmavathi, SC for GHMC The Court made the following: Order: This Writ Petition is filed for a Mandamus to set aside letter No.UC/178/TPS/C5/MCH/2006, dated 02-06-2008, of respondent No.2, whereby he has directed the petitioner to remove the unauthorised construction, made in contravention of sanctioned plan, and also to bring the usage of the building to residential purpose, for which it was sanctioned, within two days from the date of receipt of the said letter and that failing which, the office will initiate action for removal of the illegal construction as per the provisions of the Hyderabad Municipal Corporation Act, 1955. This Court by a detailed interim Order, dated 14-07- 2008, directed the petitioner to make a fresh application claiming the benefit of regularisation under the Building Penalisation Scheme (for short ‘the BPS’) along with an undertaking that she would remove the existing structures raised through out the area of 6699 square feet in the cellar portion within four weeks from the date of the said order. It was further directed that till the expiry of the period of four weeks, there shall not be any demolition and if the petitioner fails to remove the structures, the respondents are free to remove the same. On the previous occasion, when the Writ Petition was heard, the learned Standing Counsel for Greater Hyderabad Municipal Corporation, representing the respondents, has reported that as the petitioner failed to remove the structures in the cellar portion, they were removed departmentally by the respondents. She has sought for an adjournment to report to the Court whether the petitioner made an application in terms of interim Order, dated 14-07-2008, of this Court and if so, whether any decision was taken thereon. Today, at the hearing, the learned Standing Counsel submitted that the petitioner made her application for regularisation under the BPS and that since the structures raised by her do not qualify for regularisation, no order has been passed. In my opinion, once an application is made before any statutory authority, it deserves disposal in accordance with law. Even if the respondents have reasons to reject the application, the same needs to be rejected on those reasons. There can be no justification for the respondents not to dispose of the application made by the petitioner. Accordingly, without going into the merits of the case, the Writ Petition is disposed of with the direction to respondent No.2 to consider and take a decision on the petitioner’s application, filed under the BPS, within one month from the date of receipt of a copy of this order and communicate the same to the petitioner. Till communication of such decision to the petitioner, no coercive steps for removal of the structures, already raised by the petitioner, shall be taken by the respondents. At the same time, the petitioner also shall not raise fresh structures till disposal of her application. As a sequel to disposal of the Writ Petition, WPMP.No.15018 of 2008 is disposed of. ______________________ (C.V.Nagarjuna Reddy, J) 21st July, 2011 LUR