IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 8085 of 2005 Between: 1 Thota Veera Venkatachalam, S/o. Late Sri Suryanarayana Murthy, D.No.2-46-26/9C, Sri Vidya Colony, Kakinada, E.G.District. 2 Bonda Venkanna Rao, S/o. Sri Pattabhi Ramaiah, D.No.2-46-26/32B, Sri Vidya Colony, Kakinada, E.G.District. 3 Nunna Papayamma, W/o. Sri Pattenna, D.No.70-14-16/2, Sri Vidya Colony, Kakinada, E.G.District. 4 Allumullu Lakshmi Narayana, S/o. Sri Surya Rao, D.No.2-46-26/12A, Sri Vidya Colony, Kakinada, E.G.District. 5 Burri Appa Rao, S/o. Sri Prabhakara Rao, D.No.2-46-26/3, Sri Vidya Colony, Kakinada, E.G.District. 6 Palacherla Thulasi Padmaja, W/o. Sri Venkata Satya Prasad, D.No.2-46-15/2, Kakatiya Nagar, Kakinada, E.G.District. 7 Yedida Nagamani, S/o. Sri Venkata Ratnam, D.No.2-46-26/10, Sri Vidya Colony, Kakinada, E.G.District. 8 Siragam Surya Prakash Rao, S/o. Late Rama Rao, D.No.2-46-26/28B, Sri Vidya Colony, Kakinada, E.G.District. 9 Nakka Satyanarayana, S/o. Sri Rama Chandrudu, D.No.2-46-26/9B, Sri Vidya Colony, Kakinada, E.G.District. ... PETITIONERS AND 1 Govt. of A.P., rep. by its Secretary, Municipal Administration and Urban Development Dept., Secretariat, Hyderabad. 2 The District Collector, E.G.District at Kakinada. 3 Kakinada Municipal Corporation, Kakinada, E.G.Dist, rep. by its Commissioner. 4 Mango Merchants Welfare Association (Regd.No.876/04) rep. by its Secretary K. Murali Krishna, D.No.28-4-17/1, Market, Kakinada, Kakinada Mandal, E.G. District (R4 is impleaded as per court order dt. 6-7-2005 in WPMP 13037 of 2005) ...RESPONDENTS 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 issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the proposed action of the 3rd respondent in using the open space area under the approved layout plans situated in Town Survey Nos.18/1C,20/1A, 20/1C, and 18/1 of ward 2 of Kakinada Municipal Corp, for construction of wholesale fruit market as illegal, arbitrary and contrary to the rules in vogue and also opposed to the law laid down by the Apex Court and consequently direct the respondents not to permit any constructions in the site earmarked for open space under layout Plan No.190/1983 and 1/1992 in the 3 rd respondent corporation limits and to pass such other order or orders. Counsel for the Petitioners: MR.N.SIVA REDDY Counsel for the Respondent Nos.1 & 2: GP FOR MUNCIPAL ADMN. & URBAN DEV. Counsel for the Respondent No.3: MR. S. NAGESWARA REDDY Counsel for the Respondent No.4: MR. N.V. ANANTHA KRISHNA The Court made the following: ORDER: Learned counsel for the petitioners submits that in view of the fact that erection of sheds by the fourth respondent were stopped and erections already made were removed by the Corporation/third respondent and as the proposal sent for allotment of suitable site for establishment of wholesale Mango market was rejected, no further orders are required to be passed in this writ petition. Recording the above submission, the writ petition is accordingly dismissed. There shall be no order as to costs. ______________ V. ESWARAIAH, J March 7, 2008 DSK