THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE B.N.RAO NALLA WRIT PETITION No.1223 of 2010 Dated:28.01.2010 Between: Sri Katikam Muniraj …Petitioner and Government of Andhra Pradesh, Rep.by the Principal Secretary, Municipal Admn. & Urban Development Dept., Secretariat, Hyderabad, And another. …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE B.N.RAO NALLA WRIT PETITION No.1223 of 2010 ORDER: (per Hon’ble Sri Justice V.V.S.Rao) The instant Writ Petition is filed invoking Public Interest Litigation (PIL) jurisdiction of this Court. The petitioner is a resident of Tirupati Town. He seeks a writ of mandamus declaring the inaction of the respondents in appointing members of Tirupati Urban Development Authority (TUDA) as illegal and violative of Section 3 of the Andhra Pradesh Urban Areas (Development) Act, 1975 (the Act, for brevity), and Articles 14, 19, 21 and Article 243 [P] to 243 ZG of the Constitution of India. TUDA was constituted by the orders of the Government in G.O.Ms.No.1178, dated 06.11.1981. Its territorial limits extend to 100 square kilometers including Tirupati, four Assembly segments and various villages and towns. It is the case of the petitioner that the Chairman and other members of TUDA were appointed for a period of one year by G.O.Ms.No.271, dated 17.05.2003, under the Chairmanship of Sri Karunakara Reddy. He submitted resignation to the post on his appointment as Chairman of Tirumala Tirupati Devastanams (TTD). While accepting his resignation, the Government issued G.O.Ms.No.264, dated 16.04.2007, appointing Chevireddy Bhaskar Reddy as Chairman of TUDA for a period of three years with effect from 16.04.2007. It is alleged that he is involved in many controversies and criminal cases. W.P.No.22655 of 2009 is filed against him and TTD questioning the various supplies made by TTD to Tummalagunta Temple promoted by Sri Bhaskar Reddy. It is the case of the petitioner that though Section 3(3) of the Act requires appointment of local MLAs and five elected members of Municipal Corporation, the first respondent did not take any steps to appoint them so far. According to the petitioner, this violates the spirit of the Constitution (Seventy Fourth Amendment) Act, 1992. Therefore, he filed the instant writ petition. This Court heard Sri Praveen Kumar, learned Counsel representing Sri Ch.Ravi Kumar, Counsel for the petitioner. The complaint is with regard to the non-appointment of members as per Section 3(3) of the Act. Admittedly, after Sri Karunakara Reddy resigning as Chairman, the Government issued G.O.Ms.No.264, dated 16.04.2007, appointing Chevireddy Bhaskar Reddy as Chairman of TUDA. The alleged acts of malfeasance and misfeasance committed by him have nothing to do with the non-appointment of the members as contemplated under Section 3(3) of the Act. From these, in our opinion, the petitioner cannot make out any grievance and invoke PIL jurisdiction of this Court. Furthermore, a perusal of Section 3 of the Act would show that though the statute contemplates the composition of urban authority (TUDA), inter alia, with three members of State’s Legislature and five electoral members of Municipal Corporation, there is nothing in the provisions to prohibit the State Government to constitute urban authority without including them. Therefore, the petitioner’s remedy is to approach the Government, and the writ petition is misconceived. The Writ Petition is accordingly dismissed. There shall be no order as to costs. _______________ (V.V.S.RAO, J) ________________ (B.N.RAO NALLA, J) 28.01.2010 vs