HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.24573 of 2008 Date : 12-9-2011 Between : M/s. Bhaskara Suvasa Apartment Owners Welfare Association, represented by its Executive Member Sri B. Ramesh Patnaiak Visakhapatnam. .. Petitioner And The Commissioner, Municipal Corporation of Visakhapatnam, Visakhapatnam and another .. Respondents Counsel for petitioner : Sri A. Srinivasa Sarma Counsel for respondent No.1 : Sri N. Ranga Reddy, Standing Counsel Counsel for respondent No.2 : Sri S. Rajan The Court made the following: ORDER: This Writ Petition is filed for a mandamus to declare the action of respondent No.1 in not issuing a fresh notice under the provisions of Greater Hyderabad Municipal Corporation Act, 1955 (for short "the Act") to respondent No.2 in respect of the constructions in cellar area of Bhaskara Suvasa Apartments, situated at Plot No.1-B2/13, Kailash Hills, Uplands, Visakhapatnam, as illegal and arbitrary. At the hearing, Sri S. Rajan, learned counsel for respondent No.2, placed before the court proceedings No.B.P.S.No.00357/Zone-III/Ward No.19, dated 15-9-2009, of the Commissioner, Greater Visakhapatnam Municipal Corporation, whereunder certain constructions raised in the above mentioned premises have been regularized under the Building Penalisation Scheme. Having regard to this subsequent development, respondent No.1 is directed to consider whether any structure which is not covered by order dated 15-9-2009 under Building Penalisation Scheme is in existence and if so to take action in accordance with the provisions of the Act only to the extent of those structures which are not covered by the regularization order. Subject to the above directions, the Writ Petition is disposed of. As a sequel, WPMP No.32074/2008 is disposed of as infructuous. ________________________ Justice C.V. Nagarjuna Reddy Date : 12-9-2011 AM