IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 647 of 2009 Between: 1.K.Hari Shanker S/o. Sayanna, R/o. H.No.9-1-20/A/1/2 Bapughat, Langer House, Hyderabad. 2.Smt. Shakuntala, W/o. Hari shanker, R/o. H.No.9-1-20/A/1/2 Bapughat, Langer House, Hyderabad. ..... PETITIONERS AND 1.Greater Hyderabad Municipal Corporation, Rep by its Chief Commissioner, Tank Bunk, Hyderabad. 2.Asst. City Planner, Circle-7(old Circle-4), Municipal Corporation of Hyderabad, 7, Hyderabad. .....RESPONDENTS 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.9-1-20/A/1/2 & 9-1-29/1/A, Bapughat, Langer House, Hyderabad, in spite of application under BPS vide file No.BPS/7246/C7/C2/2008 is pending, as illegal arbitrary and violative of principles of natural justice consequently seeking direction to respondents not to demolish pending disposal of application under BPS scheme. Counsel for the Petitioners: MR.SREENIVASA RAO VELIVELA Counsel for the Respondents: R.RADHA KRISHNA REDDY (SC FOR GHMC,SNCZONE) The Court made the following ORDER: THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No.647 of 2009 Order: The petitioners claim to be the absolute owners and possessors of premises bearing Nos.9-1-29/1/A & 9-1-20/A/1/2 situated at Bapughat, Langer House, Hyderabad, having purchased the same under registered sale deeds, dated 11.07.2002 and 26.04.1993, respectively. They state that though they submitted an application in the year 2005 seeking permission for construction of Cellar, Ground and three upper floors, the respondents failed to consider the same, and therefore, they proceeded as per the submitted plan and completed the construction. They further state that as they constructed the building under deemed sanction, they submitted an application on 15.07.2008 to the respondents under G.O.Ms.Nos.112 MA, dated 31.01.2008, and 272 MA, dated 28.03.2008, seeking regularization, and the same is pending. The grievance of the petitioners is that without passing any orders on the said application, the respondents are trying to demolish the building on the ground that it is constructed without obtaining permission. Hence, the present writ petition. Heard the learned counsel for the petitioners and the learned Standing Counsel for GHMC appearing for the respondents, and at their request, the writ petition is taken up for final disposal, at the admission stage. Admittedly, the application made by the petitioners on 15.07.2008 seeking regularization of the building is pending consideration by the respondents. Hence, I deem it appropriate to dispose of the writ petition with the following directions. The respondents are directed to consider the application of the petitioners, dated 15.07.2008, and pass appropriate orders thereon in accordance with law, expeditiously, and till such time, they are directed not to demolish the premises in question. The petitioners are also directed not to make any further constructions and create any third party interests. The writ petition is accordingly disposed of. No costs. ___________________ N.V. RAMANA, J. Date: 22.01.2009 VGB