Chintamaneni Sarat Kumar, v. The State Of Andhra Pradesh, Rep. By Its Principal

HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.3652 OF 2015 O R D E R :

This writ petition is filed for a Writ of Mandamus declaring the action of the respondents in seeking to demolish the flats belonging to the petitioners situated at 4th Floor, Door No.61-7/1320, Old Door, Balajinagar, Krishna Lanka, Vijayawada, Krishna District, pursuant to the notice dated 31.01.2015 issued by the 2nd respondent, as illegal and arbitrary and for a consequential direction to set aside the same.

The case of the petitioners is that they have constructed a residential building in the year 2012 and they were residing there since then. While so, the 2nd respondent issued notice dated 31.01.2015 directing the petitioners to remove the unauthorized constructions, without giving them an opportunity of getting the same regularized under the regularization scheme. Aggrieved by the same, the present writ petition is filed. Heard the learned counsel for the petitioner and the learned Government Pleader for Municipal administration and learned Standing counsel for 2nd respondent.

In view of the above facts and circumstances, the petitioners are permitted to make an application under Section 455-A of Greater Hyderabad Municipal Corporation Act, 1955 to the respondents within a period of three (03) weeks from the date of receipt of copy of this order and on such application being made by the petitioner, the respondents are directed to consider the same and pass appropriate orders. Till the disposal of the application made by the petitioner, status-quo obtaining as on today shall be maintained by both the parties. However, if the

petitioner fails to make an application within the above specified period, it is open for the authorities to take appropriate action. With the above direction, the writ petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ____________________________ A.RAJASHEKER REDDY, J 06.03.2015 dv