IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 1786 of 2008 Between: P. Ramesh, S/o. Subbarayudu, S.F.No. 48-2, Chitravathi Road, PUTTAPARTHI TOWN, Ananthapur District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep. by its Principal Secretary to Government, Municipal Administation & Urban Development Department, Government of Andhra Pradesh, Hyderabad. 2 Sri Sathya Sai urban Development Authority, Rep. byits Vice Chairman, Puttaparthi, Anantapur District. 3 M. Venkateswarlu, S/o. Laxminarayana, Puttaparthi Town, Anantapur, Anantapur District. R/o. Enumalapalli Village, Puttaparthi, Ananthapur District. 4 M. Gangadhri, S/o. Laxminarayana, R/o. Enumalapalli Village, Puttaparthi, Ananthapur District. .....RESPONDENT(S) 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 or direction especially one in theanture fo Writ of Mandamus declaring the proceedings of the 1st respondent as is evident by its letter No. 19598M1/2005 dated 28-1-2008 addressed to the Vice Chairman of the 2nd Respondent is illegal, arbitrary and therefore violative of Article 14, 21 & 300 (1) of the Constitution of India and pass Counsel for the Petitioner:MR.M.SURENDER RAO Counsel for the Respondent No.: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following : O R D E R: In this writ petition the order passed by 1st respondent-Principal Secretary to Government, Municipal Administration and Urban Development Department, Hyderabad is assailed by P.Ramesh in whose favour 2nd respondent-Sri Sathya Sai Urban Development Authority accorded permission for development of land falling in S.No.48/2 of Chitravathi Road, Enumulapalli village, Anantapur District. Heard learned counsel appearing for the petitioner, learned Government Pleader appearing for 1st respondent, learned Standing Counsel for 2nd respondent and Sri.N.Subba Reddy, learned counsel appearing for 3rd and 4th respondents. In view of the order proposed to be passed, facts of the case need not be elaborated. It is suffice to say that the petitioner approached 2nd respondent for sanction to construct a compound wall around his property. Permission came to be granted on 5.2.2005. Thereupon, the 3rd and 4th respondents filed appeal before the Municipal Administration and Urban Development Authority (M1) Department and obtained interim stay. Thereupon, the petitioner herein filed W.P.No.17701 of 2007 and obtained status quo order. The writ petition came to be disposed of on 26.10.2007 with the following direction: “ Having considered the facts of the case, without going into the merits of the case, I deem it appropriate to dispose of the writ petition with a direction to respondent No.1 to dispose of the appeal filed by respondent Nos.3 and 4 against the order dated 5.2.2004 issued by respondent No.2 within a period of two months from the date of receipt of a copy of this order. Ordered accordingly. No costs.” 1st respondent, on hearing the parties, remanded the matter back to 2nd respondent with a direction to have a fresh look into the matter and adjudicate upon various contentions advanced by the parties. The apprehension of the petitioner is that since 1st respondent made certain observations with regard to the title of the parties, there is every likelihood of 2nd respondent being carried away by those observations. I make it clear that 2nd respondent while adjudicating on the issues shall not be influenced by any of the observations made by 1st respondent. Uninfluenced by any of the observations made by 1st respondent in the appeal, the 2nd respondent, after hearing the rival contentions of the parties, shall pass appropriate orders. Accordingly, this writ petition is disposed of. No costs. 10th July, 2008. (B.Seshasayana Reddy,J) tnb ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{SPJS} THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO.1786 OF 2008 10TH JULY 2008.