IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No : 9687 of 2008 Between: 1. Mother Terissa Dwakra Podupu Sangham, Palle Street,39th Division D.No.11-36- 18, Beside 1 town Police Station, Vijayawada-520 001, represented by its President. 2 . Telugu Dwakra Podupu Sangham, No.11-36/3-12/2,Palle Street,39th Division Beside 1 town Police Station, Vijayawada-520 001, rep by its President. 3. Indira Gandhi Womens Podupu Sangham, Palle Street No.5,39th Division No.1, D.No.11-36/31-2, Beside Police Station, Vijayawada-520 001 rep by its President. 4. Priyanka Dwakra Group, D.No.11-39-1/7, Palle Street, 39th Division, Vijayawada- I, Rep. by its President. 5. Sonia Gandhi Womens Podupu Sangham 39th Division, No. Beside I Town Police Station, 11-36/31-2, Palle Street No.5, Vijayawada-I, rep. by its President. 6. Rahul Gandhi Dwakra Womens Podupu Sangham Door N.11-36/3-12/1, 39th Division, Palle Street, Vijayawada-520001, rep. by its President. ..... PETITIONERS AND 1. The Vijayawada Municipal Corporation, Vijayawada, rep. by its Commissioner. 2. The Government of Andhra Pradesh, Rep. by its Secretary, Municipal Administration & Urban Development Department, Secretariat Buildings, Hyderabad. 3. V. Ravi Kumar, R/o. K.L. Rao Nagar, Vijayawada-9, R/o. K.L.RAO Nagar, Vijayawada-9. .....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 declaring the action of the 1st Respodnent in passing Resolution dated 04.04.2008 under Agenda No.11/11 in their Council Meeting allotting the 1272.6 sq.feet of the land in K.B.N Complex , I town area, Vijayawada in favour of 3rd Respondent on Lease for a period of (3) years as illegal, arbitrary, violative of the provisions of Hyderabad Muncipal Corporation Act, 1955 read with the Rules made thereunder and also violative of Articles 14, 38 and 39 of the Consitution of India and consequently cancel the said Resolution and to consider the Representation of the Petitioners dt 10.04.2008 by keeping its earlier Resolution of the 1st Repondent to allot the Shops/Sheds in favour of Dwakra Mahila Group people and to take a decision on the same; and to pass such other order or orders in the interests of justice. Counsel for the Petitioner:MR.SRINIVAS POLAVARAPU Counsel for the Respondent No.1 & 2: SMT.G.JHANSI Counsel for the Respondent NO.3 : Sri V.R.Avula. The Court made the following : ORDER : This writ petition is filed seeking a Writ of Mandamus declaring the action of the 1st respondent in passing resolution dated 04.04.2008 under Agenda No.11/11 in their Council Meeting allotting 1272.6 square feet of the land in K.B.N Complex, I town area, Vijayawada, in favour of 3rd respondent on lease for a period of three years as illegal, arbitrary and violative of the provisions of Hyderabad Muncipal Corporation Act, 1955 read with the Rules made thereunder and consequently cancel the said resolution and to consider the representation of the petitioners dated 10.04.2008 by keeping its earlier resolution of the 1st respondent to allot the shops/sheds in favour of Dwakra Mahila Group people and to take a decision on the same. A detailed counter-affidavit has been filed by the 1st respondent, wherein it is categorically admitted that the 1st respondent Corporation is having number of shops vacant and they are being repeatedly published in the news papers inviting tenders/quotations from the interested people and if the petitioners are really interested they may take any of such vacant shops for the purpose of performing their business. Having regard to the statement made in the counter-affidavit, I consider it appropriate to dispose of the writ petition directing the petitioners to approach the 1st respondent Corporation and submit a representation requesting it to provide shops for the purpose of carrying on business within a period of two weeks from today and on such representation the 1st respondent Corporation shall allot shops to the petitioners. It is needless to observe that while considering the representation to be given by the petitioners, the 1st respondent shall keep in mind the earlier resolution and recommendation made by the Council/Corporation. So far as the lease amount and other things are concerned, it shall be determined in accordance with the rules which are in force. The writ petition is accordingly disposed of. No costs. ______________________________ (GOPALA KRISHNA TAMADA, J) 25-11-2008 Note: Furnish C.C. in three days. (Bo) Gsn.