THE HON'BLE MR JUSTICE N.V. RAMANA Writ Petition No.15329 of 2006 ORDER: The petitioner claims to be the absolute owner and possessor of the premises bearing Municipal No.12-13-673 admeasuring 473.40 sq.yards situated in Nagarjuna Nagar Colony, Tarnaka, Secunderabad. She states that she obtained building permission for construction of Ground + two floors vide permit, dated 17.04.2004, in the said premises and that she got issued notice under Section 440 of the Hyderabad Municipal Corporation Act, 1955 (for short ‘the Act’) informing about the commencement of the construction. While so, she filed the present writ petition aggrieved by the action of the respondent-Corporation in issuing the impugned notice, dated 20.07.2006, under Sections 452(2) and 636 of the Act directing her to remove the constructions made in contravention of the sanctioned plan in the subject premises within a period of three days from the date of receipt of the order, or else the same would be removed by the respondent-Corporation. The petitioner states that on earlier occasion, when the respondent tried to demolish the constructions made by her, without issuing any notice, she claims to have filed O.S.No.814 of 2004 on the file of the learned XIII Additional Senior Civil Judge (FTC), City Civil Court, Secunderabad and obtained interim injunction. She also states that since she was at Bangalore at the time when the suit was posted for trial and could not appear before the Court, the suit came to be dismissed for default and taking advantage of the same, the respondent issued the present order, without issuing any prior notice. This Court, while issuing notice before admission, on 24.07.2006 directed the parties to maintain status quo obtaining as on that day for a period of four weeks and extended the same from time to time. Despite granting interim orders, as the respondent-Corporation has not filed any counter in the matter, on 16.06.2010 this Court granted one week’s time to the respondent as a last chance to file counter and in default, directed the appearance of the Commissioner of the respondent-Corporation. Today, when the matter is taken up for consideration, the respondent-Corporation filed counter in the matter denying the allegations made by the petitioner. In the counter, it is stated that the petitioner has constructued shops in the ground floor and also constructed 11 flats in deviation to the sanctioned plan and sold them to various persons, who have filed applications under G.O.Ms.No.901, MA & UD, dated 31.12.2007, for regularization, which are pending consideration. In the circumstances, the learned counsel appearing for both the parties agreed for disposal of the writ petition with the following direction: The respondent-Corporation is directed to consider the applications filed under G.O.Ms.No.901, dated 31.12.2007, seeking regularization of the constructions made in deviation to the sanctioned plan in respect of the subject premises and pass appropriate orders thereon in accordance with the provisions of the Act. Till such time, it is directed that the respondent-Corporation shall not to demolish the constructions made in deviation to the sanctioned plan and the petitioner shall not to create any third party interests in respect of the subject premises. The writ petition is disposed of accordingly. No costs. ___________________ N.V. RAMANA, J. Date:25.06.2010 VGB