- (1.) THE present Writ Petition is filed seeking a writ of mandamus for declaring the action of the respondent Rajahmundry Municipal Corporation in not considering the application No. BPS/5147/08/G2, dated 15.07.2008 submitted by the petitioner for regularization of the additional constructions made by them at premises bearing D. No. 35 -10 -11 and 11/A in T.S.No. 1609, Meduri Lodge Street, 18th Ward, Rajahmundry, East Godavari District, as bad in law.
(2.) WHAT prompted the petitioners to institute this Writ Petition is an order passed by the respondent Rajahmundry Municipal Corporation in accordance with Section 636 of the Hyderabad Municipal Corporation Act, 1955, the provisions of which enactment have been extended in their application to Rajahmundry Municipal Corporation also, directing the petitioners to remove the constructions made by them, in violation of the approved building permission within 24 hours. However, the fact remains that the writ petitioners have filed the application on 15.07.2008 before the respondent Municipal Corporation seeking regularization of the constructions made by them illegally. It appears, they have also paid a nominal fee of Rs.560/ - to the respondent Municipal Corporation. The respondent Municipal Corporation, through its endorsement BPS No. 5147/08/G2, dated .06.2009, directed the petitioners to submit various documents, including the photographs showing the elevation and roof slab of the building, an indemnity bond, No Objection Certificate from Fire Services Department, wherever applicable and No Objection Certificate from Air Port Authority of India wherever applicable and structural stability certificate from an authorized/licensed Structural Engineer, within 10 days. According to the petitioners, they have made available the information sought for by the respondent completely. It is also their assertion that no orders are passed on the said application by the respondent Corporation so far and at any rate, no communication has been received from the respondent Municipal Corporation by the petitioners in this regard.
(3.) IN view of the facts narrated supra, it would only be appropriate that the respondent Corporation should deal with the Building Penalization Scheme application submitted by the petitioners on 15.07.2008 first. Let the said application be considered strictly in accordance with law and appropriate orders be passed thereon and communicated to the petitioners through registered post acknowledgment due and let this exercise be completed within a maximum period of six weeks from the date of receipt of a copy of this order. Till appropriate orders are passed on the BPS application preferred by the petitioners on 15.07.2008, the threatened demolitions set out in the notice issued under Section 636 of the 1955 Act on .07.2013 may not be given effect to, but however, in case the building penalization scheme application of the petitioner is rejected, then, the respondents are at liberty to take such further steps in accordance with the notice issued by them under Section 636 of the Act, but not otherwise. With this, the Writ Petition stands disposed of. No costs.;