IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SUNDAY, THE TWELFTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 26883 of 2008 Between: M. Venkateswarlu, S/o. Venkaiah, R/o. H.No. 13-6-433/26, Nethajinagar, Langer House, Hyderabad. ..... PETITIONER AND 1 Greater Hyderabad Municipal Corporation, Rep by its Chief Commissioner, Tank Bund, Hyderabad. 2 Asst. City Planner, Circle - 7 (old circle-4), Municipal Corporation of Hyderabad, Hyderabad. .....RESPONDENT(S) 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 issue an appropriate writ more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in trying to demolish the building in premises No. 13-6-433/26, Nethajinagar, Langer House, Hyderabad, in spite of application under BPS vide file no. BPS/7246/C2/2008 is pending, as illegal arbitrary and violative of principles of natural justice consequently seeking direction to respondents not demolish pending disposal of application under BPS scheme. Counsel for the Petitioner:MR.SREENIVASA RAO VELIVELA Counsel for the Respondent No.: R.RADHA KRISHNA REDDY(SC FOR GHMC,SNCZONE) The Court made the following : O R D E R:- This writ petition is filed seeking a mandamus to declare the action of the respondents in trying to demolish the petitioner’s building bearing No.13-6-433/26, Nethajinagar, Langer House, Hyderabad in spite of the fact that the application submitted by him under Building Penalization Scheme vide File No.BPS/7246/C7/C2/2008 is pending, as arbitrary and illegal. The petitioner asserts that he is the absolute owner of 280 square meters of site in premises bearing No.13-6-433/26, Nethajinagar, Langer House, Hyderabad having purchased it from Netajinagar Cooperative Housing Society in the year 1994. With a view to constructing a building in the premises, the petitioner submitted an application as early as in the year 2005 for sanction of building permission, but as no action has been initiated, he proceeded with the construction in accordance with the approved plan and completed it. Thereafter, he made an application for regularization of the building vide file No.BPS/7246/C7/C2/2008 and the same is pending. Now, the petitioner’s grievance is that the officials of the 2nd respondent-Asst. City Planner visited the site on 5.12.2008 and made an attempt to demolish the building on the ground that he constructed the building without obtaining permission. Heard the learned counsel for both the parties and perused the material placed on record. As the petitioner has already submitted an application for regularization of his building vide File No.BPS/7246/C7/C2/2008 and the Deputy Commissioner, Greater Hyderabad Municipal Corporation also issued an Intimation Notice dated 20.10.2008 acknowledging the receipt of the application, this Court is inclined to dispose of the writ petition with the following direction: “The respondents are hereby directed to process the petitioner’s application vide File No. BPS/7246/C7/C2/2008 and pass appropriate orders thereon in accordance with law. Till such time, they shall not interfere with the petitioner’s possession of the building bearing No.13-6-433/26.” With the above direction, this writ petition is disposed of. No costs. _______________ 10.12.2008 Note: Furnish copy by tomorrow B/o bcj