THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.28377 OF 2011 ORDER: This Writ Petition is filed seeking a writ of mandamus declaring the action of the respondents, in not releasing the sanctioned plans and required certificates even after receiving the penal charges under G.O.Ms.No.901 MA & UD (M) Department, dated 31.12.2007, as illegal and arbitrary. The petitioner states that he had purchased flat No.302 in house No.101/B (MCH No.8-3-191/241) admeasuring 900 sq. ft. situated at Vengalrao Nagar, Hyderabad under a registered sale deed. He submits that he had filed application dated 28.04.2008 and had paid the prescribed fee seeking regularization of the construction of his flat in accordance with G.O.Ms.No.901, dated 31.12.2007. While matters stood thus, respondent No.2 had visited the petitioner’s flat and noticing the deviations, he issued an intimation letter dated 25.09.2009 directing to pay Rs.8,000/- towards penalisation charges for regularization of his flat and issuance of the sanction plans. The petitioner’s grievance is that, despite receipt of penal charges much prior to 31.12.2010, the respondents have not issued sanctioned plans till date. Learned counsel for the petitioner contended that the petitioner made an application in the specified format to the respondents under the Building Penalisation Scheme (BPS), but the same has not been considered by the respondents even after receipt of the penal charges and, hence, he prays to issue a direction to the respondents to release the sanctioned plans. On the other hand, learned Standing Counsel appearing for the respondents contended that the flat in question exists in an unauthorized floor and as the said scheme is not available, the question of consideration of the application of the petitioner does not arise. It is not in dispute that the respondents, having received the application of the petitioner when the scheme was available, calculated an amount of Rs.8,000/- towards penal charges to be payable under BPS and that the petitioner had paid the aforesaid amount during the existence of the scheme. According to the learned Standing Counsel appearing for the respondents, the flat exists in an unauthorized floor. Learned Counsel for the petitioner expresses the willingness of the petitioner to deposit the penal charges, if any, calculated by the respondent-Corporation Accordingly, the Writ Petition is disposed of directing the petitioner to pay the penal charges, if any, calculated by the respondent-Corporation in accordance with G.O.Ms.No.901, dated 31.12.2007. There shall be no order as to costs. ​ K.C.BHANU,J Date:28.12.2011 usd