IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY THURSDAY, THE TWENTY FIFTH DAY OF AUGUST, TWO THOUSAND AND ELEVEN WRIT PETITION No.30688 of 2010 Between: Imtiaz Ahmed. … Petitioner And Greater Hyderabad Municipal Corporation, Reptd., by its Chief Commissioner, Tank Bund, Hyderabad and another. … Respondents Counsel for the petitioner: Sri Sreenivasa Rao Velivela. Counsel for the respondents: Dr.Y.Padmavathi. This Court made the following: ORDER:- This Writ Petition is filed for a Mandamus to declare the action of the respondents in seeking to demolish the petitioner’s building bearing premises No.9-4-62/98 & 99, Nizam Colony, Bakhatawarguda, Tolichowki, Hyderabad, despite pendency of his application under the Building Penalization Scheme (for short “the BPS”), as illegal and arbitrary. In the light of the grievance of the petitioner that the respondents have not been disposing of his application under the BPS, this Court has directed the Commissioner, Greater Hyderabad Municipal Corporation to file his personal affidavit on the status of the applications filed under the BPS and the details regarding their pendency and disposals. In compliance thereof, the Commissioner has filed his affidavit, wherein it is, inter alia, stated that 2,05,022 applications were received in all Circles, including the head office, out of which 27,860 applications remain pending. He further stated that out of the said remaining applications, the Corporation has so far disposed of 2,377 applications out of the 6264 eligible applications and the balance 3,887 applications are targeted to be disposed of before 30-9-2011 through a special drive. He further stated that in respect of the remaining BPS applications, the applicants have not complied with the conditions, such as, payment of full penal amount, NOC from Fire Service Department, ULC clearance, submission of ownership documents, building plans and other relevant requirements as per G.O.Ms.No.901, Municipal Administration & Urban Development (M1) Department, dated 31-12-2007. While this Court appreciates the efforts put in by the Corporation for disposal of the BPS applications, it does not find any reason why the balance applications are not returned/rejected for non-compliance of the requirements under G.O.Ms.No.901, dated 31-12-2007. Pendency of these applications is creating a ground for the violators to successfully prevent the action for demolition of the offending structures affecting the public interest. The Commissioner of respondent No.1- Corporation is, therefore, directed to take immediate measures to clear those applications in respect of which the conditions have not been complied with, so that they will not be kept pending for unduly long time. He shall ensure that these applications are disposed of as expeditiously as possible, and, at any rate, on or before 1-11-2011. As regards the grievance of the petitioner in this Writ Petition, the learned counsel for the petitioner submitted that by proceedings dated 24-12-2010 the respondents have rejected the petitioner’s application for regularization under the BPS. He submitted that though this order is purported to be dated 24-12-2010, the same has not been served on his client till the respondents have filed a counter- affidavit. He has, therefore, sought for permission of this court to withdraw the Writ Petition with liberty to the petitioner to avail appropriate remedy in order to question the said rejection order. For the above mentioned reasons, the Writ Petition is dismissed as withdrawn with liberty to the petitioner to avail appropriate remedy. As a sequel, interim order dated 7-12-2010 is vacated and WPMP Nos.39058 of 2010 and 18934 of 2011 are disposed of as infructuous. -------------------------------------- C.V.NAGARJUNA REDDY,J Date:25-8-2011 Note: Registry is directed to communicate a copy of this order to respondent No.1 for taking necessary action in the matter. (BO) MNR