THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION No.27110 of 2007 ORDER: The petitioner is said to be the owner of Flat No.5 in First Floor, Sujatha Residency, Adityanagar, Nellore Town. Her grievance is that respondents 3 and 4 have constructed three flats in the ground floor, which is meant for parking place, in deviation of the sanction plan and sold the same to third parties. She asserts that she made representation on 2.11.2007 to respondents 1 and 2 requesting to remove the illegal structures constructed by respondents 3 and 4, but in vain. Hence the writ petition. Heard learned counsel for the petitioner, learned Standing counsel for respondents 1 and 2 and learned counsel for respondent 3. Once respondents 1 and 2 noticed that any construction is made either without permission or in deviation of the sanctioned plan, they not only have a right but also are under obligation to proceed against the violators. This Court cannot express any opinion or view as regards the nature of violation. The matters of that nature need recording of evidence and appreciation thereof. During the pendency of the writ petition, the Government introduced Building Penalization Scheme (BPS) enabling the owners of the constructions made in deviation from the sanctioned plan or without sanction at all, to seek regularization. The scheme itself mandates that whenever an application for regularization is filed, further punitive action be withheld. Hence, the writ petition is disposed of leaving it open to the petitioners to submit their objections/representations before the concerned authorities vis-à-vis the applications, if any submitted by respondents 3 and 4 or regularization. The same shall be taken into account by respondents 1 and 2 before any order is passed on the applications submitted by respondents 3 and 4. There shall be no order as to costs. ______________________ (L. Narasimha Reddy, J.) 4th November, 2009 Js.