THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.32085 OF 2011 ORDER: This Writ Petition is filed seeking to issue mandamus declaring the notice U.C.No.20/2011-IPS-I, dated 28-11-2011 issued by the 2nd respondent under Section 636 of the Hyderabad Municipal Corporation Act, 1955 (for short ‘the Act’) as illegal and arbitrary and consequently direct the 2nd respondent to desist initiating the action pursuant to the notice. 2. It is stated in the affidavit filed in support of the writ petition that the petitioners are doctors and running a hospital under the name and style ‘Sai Sudha Hospital’. The petitioners have applied to the Municipality for construction of hospital building in D.No.21-1-23 and 24, Jawahar Street, Kakinada and submitted a plan. The Municipal Corporation accorded permission to the petitioners for construction of stilt+ground+3 upper floors vide B.A.No.740/2022/G2, dated 30-12-2002 and the petitioners constructed the hospital according to the approved plan. The petitioners made an application on 31-05-2008 to the 2nd respondent to regularize the constructions under BPS scheme and paid part payment fee of Rs.1,20,000/-. The officials of the 2nd respondent came to the hospital, took measurements and directed the petitioners to pay an amount of Rs.6,53,400/-. Accordingly, the petitioners paid the amount and submitted all documents for regularization of the building. The petitioners also installed necessary fire equipment to qualify for the BPS scheme, but the 2nd respondent did not respond to the said BPS application. While so, the petitioners received a notice on 25-10-2011 under Section 452 of the Act calling for the objections from the petitioners within seven days as to why the unauthorized constructions in the stilt, 4th and 5th floors should not be removed. Thereafter, the petitioners submitted objections and without responding to the objections, the 2nd respondent issued impugned notice, dated 28-11- 2011, under Section 636 of the Act, which was served on 03-12-2011, wherein it is stated that the area earmarked for parking as per sanctioned plan shall not be regularized and further directed to remove the unauthorized constructions in 4th and 5th floors and granted 24 hours time. The 2nd respondent having collected Rs.7,73,400/- under BPS Scheme and without considering the application, issued the impugned notice. Hence, the writ petition. 3. Learned counsel appearing for the petitioners contended that the application made by the petitioner no.2 for regularization of the building in question under the Building Penalisation Scheme is pending with the respondents, and without taking any decision thereon, the respondents are trying to remove the construction, and hence, he prays to issue direction as prayed for. 4 . On the other hand, learned counsel appearing for the respondents contended that appropriate decision will be taken by the respondents in accordance with law on the application dated 31-05-2008 of the petitioners under the Building Penalisation Scheme and thereafter appropriate decision will also be taken under Section 452 of the Act. 5. The allegation is that the petitioners said to have constructed stilt, 4th and 5th floors unauthorizedly without any permission. It is not in dispute that the petitioner no.2 made application dated 31-05-2008 by paying required penal charges, for regularization of the unauthorized construction under the Building Penalisation Scheme. Unless appropriate decision is taken by the respondent corporation on the application which is made by the petitioners for regularization, no action can be initiated in respect of the premises in question. 6. Therefore, the respondents are directed to take appropriate decision on the application dated 31-05-2008 made by the petitioner no.2 under Building Penalisation Scheme (BPS) in respect of premises bearing Door No.21-1-23 & 24, Jawahar Street, Salipeta, Kakinda, East Godavari District, if the application was not already rejected. Till then, they are directed not to proceed with the demolition of the premises in question. 7. With the above direction, the Writ Petition is disposed of. No costs. --------------------- K.C.BHANU, J DATED: 20-12-2011 Hsd