IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 13036 of 2008 Between: 1 K.S.N.Raju S/o.BhujangaRAo R/o.Plot No.86, Kalayannagar,Hyderabad 2 K.Srirama Raju S/o.K.S.N.Raju R/o.Plot No.86, Kalayannagar,Hyderabad 3 Smt.K.Nagalakshmi W/o.K.S.N.Raju R/o.Plot No.86, Kalayannagar,Hyderabad 4 Smt.Revathi Suryakumari W/o.Gopalakrishna Raju R/o.Flat No.9 Plot No.G1,Navodaya colony Yellareddyguda,Hyderabad ..... PETITIONER(S) AND 1 The Principal Secretary to Government,Municipal Administration Department, Secretariat Buildings, Hyderabad 2 The Commissioner,Serilingampally Municipality Serilingampalli,Ranga Reddy District .....RESPONDENT(S) 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 to issue an appropriate writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the 2nd respondent in trying to demolish the structures constructed in Plot No.495/A.495/B.496,497/A and 497/B situated at RS.No.78 of Hafeezpet village, Serilingampalli Mandal,Ranga Reddy District though an application for regularization under the provisions of G.O.Ms.No.112 dated 31.1.2008 is pending and without following thedue procedure of law as illegal, arbitrary,violative of principles of natural justice and contrary to the provisions of G.O.ms.No.112 dated 31.1.2008 and topass Counsel for the Petitioner:MR.M.PRABHAKARA RAO Counsel for the Respondent No.: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No. 13036 OF 2008 ORDER: 1. This writ petition has been filed by the petitioners who are four in number with a prayer to issue order or direction more particularly one in the nature of writ of mandamus declaring the action of the 2nd Respondent in trying to demolish the structures in Plot Nos. 495/A, 495/B, 496, 497/A and 497/B situated at R.S.NO. 78 of Hafeezpet village, Serilingampali Mandal, Ranga Reddy District pending consideration of their application for regularization under the provisions of G.O.Ms. No.112, dated 31- 1-2008 as illegal and arbitrary. 2. The petitioners claimed to be the owners of the house site bearing plot No. 495/A, 495/B, 496, 497/A and 497/B situated at R.S.NO. 78 of Hafeezpet village, Serilingampali Mandal, Ranga Reddy District. They submitted a plan to the Commissioner, Serilingampally Mandal in the year 2007 for approval and in the meanwhile, some civil disputes arose in respect of the site purchased by them. The Government issued G.O.Ms. NO. 901, dated 31-12-2007 for regularization of the unauthorized construction. Later, the guidelines in the above referred G.O. came to be modified by G.O.Ms. No. 112 M.A. dated 31-12-2008. The petitioners filed application seeking regularization of construction made by them. Pending consideration of their application they apprehend demolition of the structure made and therefore came up with this writ petition, invoking jurisdiction under Article 226 of the Constitution of India. 3. Heard learned counsel for the petitioner and learned standing counsel appearing for the 2nd Respondent. 4. Learned standing counsel appearing for the 2nd respondent submits that the demolition of the existing structure if any will be taken up after the disposal of the application filed by the petitioner for regularization of unauthorized constructions. Such is the situation, I deem it appropriate to dispose of the writ petition with a direction to respondents not to demolish the structures made by the petitioner pending consideration of their applications for regularization of unauthorized constructions. No order as to costs. _____________________________ Justice B.Seshasayana Reddy 23rd June, 2008. C.C. in two days B/o KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No. 13036 OF 2008 23rd June, 2008.