HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE and HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY Dated: 17-12-2009 WRIT APPEAL No. 1423 OF 2009 AND WRIT PETITION No. 1900 OF 2005 Between: K. Gangi Reddy and 144 others ... APPELLANTS/WRIT PETITIONERS AND The Government of Andhra Pradesh, rep., by its Principal Secretary, Municipal Administration Department, Secretariat, Hyderabad and two others ... RESPONDENTS THE HON’BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT APPEAL No. 1423 OF 2009 AND WRIT PETITION No. 1900 OF 2005 COMMON JUDGMENT: (per Sri C.V. Nagarjuna Reddy, J) This writ appeal arises out of order dated 02-11-2009, whereby the learned single Judge vacated interim order dated 08-02-2005 in WPMP No. 2561 of 2005. At the hearing, learned counsel for the parties agreed for disposal of the writ petition itself. Therefore, the writ petition as well as the writ appeal are taken up for hearing and disposal. In the writ petition, the petitioners prayed for issue of a mandamus to declare their proposed eviction from the existing shops situated in Brahmananda Reddy Market Area, Tadepalligudem by the Tadepalligudem Municipality as illegal and arbitrary. At the hearing, Sri S. Nageswara Reddy, learned Standing Counsel submitted that the Municipality is seeking to construct a municipal shopping complex under IDSMIT Scheme and after construction of the complex, the shops will be leased out to the petitioners on lot system on basis with the lease amounts as fixed by the council. Sri S. Ramachandra Rao, learned Senior Counsel while submitting that in principle the writ petitioners will not have any objection for the proposal of the municipality, he submitted that the only apprehension of the petitioners is that all of them may not be allotted the shops. The learned Standing Counsel submitted that the number of shops being constructed is more than the number of shops required to accommodate the petitioners and, therefore, there will be no difficulty in ensuring that all of the petitioners will be allotted with the shops. He further clarified that the lot system being followed is only to ensure that a particular shop will be allotted to a particular person. In view of this submission of the learned Standing Counsel, the writ petition itself is disposed of by permitting the respondent – Municipality to take possession of the land in question and construct shopping complex. After completion of the construction, shops shall be allotted to the petitioners as per the procedure governing the allotment of shops and on such terms as are being followed for such allotment. Subject to the above direction, the writ petition and the writ appeal are disposed of. As a sequel to disposal of the appeal, WAMP No. 2954 of 2009, filed by the appellants for interim relief, is disposed of as infructuous. ANIL R. DAVE, CJ C.V. NAGARJUNA REDDY, J 17-12-2009 ks Note: The order copy shall be kept in the writ petition file. B/O ks