IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 23510 of 2008 Between: Mr.Chilkam Chiranjeevi Reddy S/o.Late Sidda Reddy of M/s.Sri Laxmi Priya Builders,Seethammadhara Visakhapatnam-500013 ..... PETITIONER AND The Greater Visakha Municipal Corporation, rep.by its Commissioner .....RESPONDENT 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 to issue a writ of mandamus directing the respondent and it men not to interfere with the constructions made in building No.50-27/19/2 of Seethammadhara, Visakhpatnam pending ﬁnalizations of application B.P.S/Zone.II/Ward.11/Sl.No.J164 submitted in April, 2008 by holding the action of the oﬃcials of the respondent in threatening to remove the constructions sought for regularization as per Government orders as illegal, arbitrary,and without jurisdiction and pass Counsel for the Petitioner:MR.ADDEPALLI SURYANARAYANA Counsel for the Respondent No.: MR.N.RANGA REDDY (SC FOR MPL. CORP. VSP) The Court made the following : THE HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION NO. 23510 OF 2008 ORDER: 1. This writ petition has been ﬁled by Chilkam Chiranjeevi Reddy assailing the action of the respondent in contemplating to demolish the constructions made by him in the premises bearing No. 50-27/19/2 of Seethammadara, Visakhapatnam pending ﬁnalization of application under ‘Building Penalization Scheme’ /Zone-II/Ward-II/SI.No. J164 submitted in April, 2008. 2. The petitioner claims to have purchased plot admeasuring 350 square yards in Balayya Sastry lay out and made constructions as per building permission No. B.A.11686/05/ACP I, dated 26-7-2007. When he was proceeding with the constructions, some third parties ﬁled W.P.No.21726 of 2007 restraining him from proceedings with the construction and ultimately the said writ petition was dismissed on 11-6-2008. The petitioner submitted application under ‘Building Penalization Scheme’ with regard to regularization of certain deviations in the constructions and the said application is stated to be pending. Apprehending the demolition of the deviated constructions without putting him on notice, the petitioner approached this Court invoking jurisdiction under Article 226 of the Constitution of India. 3. When the writ petition came up for admission, Sri N. Ranga Reddy, learned standing counsel received notice on behalf of respondent. 4. Heard learned counsel appearing for the petitioner and learned standing counsel appearing for the respondent. 5. The factual aspect of the petitioner ﬁling an application under ‘Building Penalization Scheme’ seeking regularization of certain deviation is not contradicted by the learned standing counsel appearing for the respondent. 6. In that view of the matter, this writ petition is disposed of directing the respondent not to initiate any steps for demolition of the structures made by the petitioner pending disposal of the application ﬁled under ‘Building Penalization Scheme’. No order as to costs. _____________________________ Justice B. Seshasayana Reddy 29th October, 2008. Note: C.C. in two days B/o KM THE HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION NO. 23510 OF 2008 29th October, 2008.