THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.28371 OF 2011 O R D E R: This writ petition is filed seeking to issue writ of Mandamus declaring the action of respondents in not releasing sanctioned plans and required certificates even after receiving the penal charges under G.O.Ms.No.901 MA & UD (M) Department, dated 31.12.2007, as illegal and arbitrary and consequently direct the respondents to release the sanctioned plans and required certificates immediately with regard to flat No.303 in H.No.101/B (MCH No.8-3-191/241) situated at Vengal Rao Nagar, Hyderabad. 2. The brief facts, stated in the affidavit filed in support of the writ petition, are that the petitioner purchased the aforementioned flat through a registered sale deed. After purchase, he found that there are some deviations of the said flat. The Government of Andhra Pradesh issued G.O.Ms.No.901 MA & UD (M) Department, dated 31.12.2007, offering the public to pay penal charges for regularization of flats and the scheme is called as Building Penalization Scheme (for short, “B.P.S.”). The petitioner made an application in specified format to the respondents on 25.04.2008 along with demand draft of Rs.8,000/- in favour of respondent No.1 annexing the sale deed and the required documents in accordance with the said G.O. Respondent No.2, after conducting enquiry into the application and after visiting the site of construction, noticed that the deviations of the said flat are within the permissible limits for regularization in accordance with the said G.O. and hence, issued a final intimation letter, dated 25.09.2009, informing the petitioner that he shall pay Rs.8,000/- as penalization charges for regularizing of his flat and for issuance of the sanction plans. The petitioner issued a banker cheque for Rs.8,000/- and the same was received by respondent No.2. Thereafter, respondent No.2 has not issued any communication to the petitioner regarding his application. On the other hand, the Government issued orders fixing the last date for receiving penal charges as 31.12.2010 and further directed the concerned Commissioners and Deputy Commissioners to dispose off the applications on such date. The respondents received the penal charges prior to 31.12.2010, but failed to issue the sanctioned plans of the flat of the petitioner till date. Hence, the writ petition. 3. Respondents filed counter-affidavit stating that the B.P.S. applications along with the photographs and drawing/plans, blue prints received by them have been examined with reference to the relevant G.O. After scrutinizing the B.P.S. Application of the petitioner, the total penal amount has been calculated at Rs.8,000/- and the same has been communicated to the petitioner under B.P.S. Final Intimation Letter, dated 25.09.2009. Subsequently, after inspection, it was found that the said flat exists on an unauthorized floor. As such, the penal amount fees has been calculated with reference to the sanctioned plan, enclosed drawings and ground position and then it is arrived at Rs.49,800/-, out of which the petitioner paid an amount of Rs.8,000/- as initial fees. The same has been communicated to the petitioner to pay an amount of Rs.41,800/- after deducting the initial amount of Rs.8,000/-, but the petitioner, instead of paying Rs.41,800/- has paid only Rs.8,000/-, which was communicated under B.P.S. Final Intimation Letter, earlier to the final notice. Hence, the file was not processed for further proceedings. 4. Learned counsel for the petitioner contended that the petitioner made an application in specified format to the respondents under the B.P.S., but the same has not been considered by the respondents even after receipt of the penal charges and hence, he prays to issue a direction to the respondents to release the sanctioned plans and required certificates. 5. On the other hand, learned Standing Counsel appearing for the respondents contended that since the said scheme is not available, the question of consideration of the application of the petitioner does not arise. 6. It is not in dispute before this Court that the B.P.S. application along with photographs, drawing/plans, blue prints, as submitted by the petitioner, was received by the respondent Corporation when the scheme is available. In pursuance of that, after scrutiny, the respondent Corporation calculated an amount of Rs.8,000/- to be payable under the scheme and accordingly, the petitioner paid that amount within the period of scheme. Subsequently, the schedule premises has not been inspected by the respondent Corporation, as the said flat is existing in an unauthorized floor. As the penal amount fee has been calculated with reference to the sanctioned plan, they again calculated basing on the G.O., which comes to Rs.49,800/-. Admittedly, the petitioner was not directed to pay the penal charges, as calculated by the respondent Corporation, when the scheme is available. The petitioner is ready to pay that amount, as indicated by the respondent Corporation with regard to the calculation of the penal amount fee of Rs.41,800/-. Therefore, the petitioner is directed to pay the amount of Rs.41,800/- to the respondent Corporation and thereafter, the respondent Corporation shall consider the application of the petitioner in accordance with law and further scrutiny the same. 7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. _​_____________________ JUSTICE K.C.BHANU 27th December, 2011 AMD THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.28371 OF 2011 Date:27.12.2011 AMD