ORDER:

This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief:-

“…to issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 2nd respondent in issuing confirmation order in UCR No G1/MCM/02/TPB0/2014 dt 10072014 without taking into consideration of the explanation dt 08072014 submitted by me as illegal arbitrary and contrary to the provisions of Sec 340 of A P Municipalities Act 1965 and consequently set aside the G1/MCM/02/TPB0/2014 dt 10072014 by directing the 2nd respondent to pass orders as per Sec 340 of A P M Act 1965…”

2. Heard learned counsel for the petitioner and Sri Krishna Reddy Putta, learned Standing Counsel for Municipalities appearing for the respondents. Perused the record.

3. It is the case of the petitioner that he obtained permission from respondent No.2, vide application dated 11.02.2011, for construction of an RCC Ground + First + Second Floor (Shopping complex). The same was considered and permission was granted vide proceedings of respondent No.2, dated 13.01.2011.

4. It is further stated that the construction has already been completed. However, certain additional floors, namely the 3rd and 4th floors, were constructed in addition to the sanctioned plan granted by respondent No.2. Upon noticing, respondent No.2 issued a show cause notice dated 25.01.2014 and passed the impugned proceedings dated 04.02.2014 citing several violations and deviations relating to the unauthorized floors, without proper consideration of the petitioner’s explanation dated 08.07.2014, and had the 2nd respondent duly considered the explanation, the proceedings would have been dropped. He further submits that pending the writ petition, the petitioner has also filed application dated 23.11.2015 seeking regularization of the unauthorized construction.

5. Be that as it may, when the matter is taken up for hearing, Sri Krishna Reddy Putta, learned Standing Counsel for Municipalities, contended that the then Government had issued the Building Regularization Scheme for penalization in the year 2015 vide G.O.Ms. No.162, under which unauthorized constructions and deviations are to be considered.

6. Since, the petitioner is stated to have been submitted an application for regularization of unauthorized construction, vide application dated 23.11.2015, respondent No.2 is required to consider the same and pass appropriate orders before taking any action pursuant to the impugned proceedings. It is further noted that the Building Penalization Scheme is presently pending before the Hon’ble Supreme Court.

7. In that view of the matter, respondent No.2 is directed to keep the BRS application of the petitioner in abeyance until final adjudication by the Hon’ble Supreme Court. Thereafter, on the basis of the final orders/directions that may be issued by the Hon’ble Supreme Court, respondent No.2 shall consider the petitioner’s application, if it is to be considered, in accordance with the orders passed by the Hon’ble Supreme Court.

8. Accordingly, the Writ Petition is disposed of with the above directions. No costs.

Miscellaneous petitions, if any are pending, shall stand closed.