IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTY FIRST DAY OF AUGUST TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY WRIT PETITION NO: 15458 of 2004 Between: G. Ramakrishna, S/o Late Sattaiah, 14th Ward, Malkajgiri Municipality, R/o H.No. 7-19, Old Malakajgiri, R.R. District. ... PETITIONER AND 1 The Government of Andhra Pradesh, rep. by its Principle Secretary, Municipal Administratrion and Urban Development Department, Secretariat, Hyderabad. 2 The Municipal Council, rep. by its Chair Person, Malkajgiri Municipality, Malkajgiri, Ranga Reddy District. 3 The Commissioner, Malkajgiri Municipality, Ranga Reddy District. ...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 to issue a writ, order or direction more particularly one in the nature of Writ of "Mandamus" directing the 1st respondent to pass appropriate orders on the representations dt. 7-7-2004 and 26-7-2004 made under section 59(1) and (2) of A.P. Municipalities Act. Counsel for the Petitioner: MR.S.JAGADISH Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN. & URBAN DEV. For R-2 and 3: Sri R. Thimma Reddy, S.C. The Court at the admission stage made the following: ORDER: Petitioner, who is a Counsellor of the Malkajgiri Municipality made a representation to the first respondent for cancellation of the Municipal Council Resolution No.1286 dated 30-06- 2004 and Resolution No.1343 dated 09-07-2004 passed by the second respondent – Municipal Council cancelling the sanitary works allotted to the Society and resolving to grant the sanitary work to Malkajgiri Municipal Mazdoor Welfare Society and to the members of the Malkajgiri S.C. and S.T. Employees Family Welfare Association. The petitioner submits that the work was not granted to any of the Society, which results in financial loss to the municipality. 2. Under subsection 1 of Section 59 of the A.P. Municipalities Act (for short ‘the Act’), Government by suo moto or by representation by any counsellor is empowered to cancel the resolution passed. In view of the same, if such a representation is received by the Government, Government can consider the same and pass appropriate orders after following the procedure contemplated under Section 59 of the Act and shall communicate the order passed by it to the petitioner. 3. The Writ Petition is accordingly disposed of. No costs. __________________ A. GOPAL REDDY, J August 31, 2004 MRR/MURTHY To: 1 The Government of Andhra Pradesh, rep. by its Principle Secretary, Municipal Administratrion and Urban Development Department, Secretariat, Hyderabad. 2 The Municipal Council, rep. by its Chair Person, Malkajgiri Municipality, Malkajgiri, Ranga Reddy District. 3 The Commissioner, Malkajgiri Municipality, Ranga Reddy District. 4 Two C.C.s to the G.P. for Municipal Administration and Urban Development, High Court Buildings, Hyderabad (OUT). 5 Two C.Ds.