THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.918 of 2010 ORDER: Heard the learned counsel for the petitioners and the learned Standing Counsel appearing for respondents 3 to 5. In this writ petition, the petitioners seek a mandamus to declare the inaction of respondents 1 and 2 in taking action for removal of illegal constructions undertaken by respondents 3 to 5, as arbitrary and violative of Articles 14, 19, 21 and 300-A of the Constitution of India. The grievance of the petitioners is that respondents 3 to 5 are making illegal constructions by encroaching into their land. On instructions, it is submitted by the learned Standing Counsel appearing for respondents 1 and 2 that there is an approved plan in favour of respondents 3 to 5 for construction of stilt and upper floors. It is further submitted by him that after obtaining necessary permission only, respondents 3 to 5 undertook construction work, but in view of certain deviations therein, they applied for regularisation vide application bearing B.P.S.No.8048 of 2008, and it is pending before the first respondent. The scheme for regularisation of illegal constructions is notified by the Government. If a neighbour is having any objection for regularisation of certain deviations occurred in the construction, it is always open for him to put forth his objections before the competent authority, who is empowered to regularise the deviations as per the Scheme by virtue of Section 455-AA of the Municipal Corporation Act. Inasmuch as the respondents have undertaken construction work after obtaining necessary permission, which is not under challenge in this writ petition, and in view of the fact that the application seeking regularisation of certain deviations occurred in the construction as per the Scheme is pending before the first respondent, no positive direction can be issued by this Court for removal of such constructions. With regard to the allegation that respondents 3 to 5 have encroached into the land of the petitioners, it is stated that on the complaint filed by the petitioners, a surveyor was deputed to look into the matter and thereafter, he reported that there was no encroachment into the land of the petitioners. In the circumstances, I deem it appropriate to permit the petitioners to put forth their objections, if any, on the application filed by respondents 3 to 5 seeking regularisation of deviated structures, within a period of three (3) weeks from today. Thereupon, the first respondent is directed to consider the same, while taking decision on the application of respondents 3 to 5, which is stated to be pending before him. It is open to the first respondent to consider the application of respondents 3 to 5 for regularisation of deviated structures in accordance with the Scheme and other guidelines, which are in force. Subject to the above observations, the writ petition is disposed of. No order as to costs. _______________________ R.SUBHASH REDDY, J 23rd FEBRUARY, 2010. kvni