IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SIXTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 25852 of 2008 Between: 1 Dr. I. Anil Kumar Reddy S/o. Radha Krishna Reddy R/o. Kasturi Devi Nagar, Pogathota Nellore, Nellore District. 2 Dr. Ch. Rajitha W/o. Anil Kumar Redy R/o. Kasturi Devi Nagar, Pogathota Nellore, Nellore District. 3 D. Koti Reddy S/o. Lakshma Reddy R/o. Santhinagar, Nellore, Nellore District. 4 D. Anuradha W/o. Koti Reddy R/o. Santhinagar, Nellore, Nellore District. ..... PETITIONERS AND The Municipal Corporation of Nellore Nellore, Rep. by its Commissioner. .....RESPONDENT 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 issue an appropriate writ order or direction more particularly one in the nature of writ of Mandamus declaring action of the respondent and his subordinates in not permitting us from carrying out the internal works in the building premises bearing Plot Nos. 28, 29 Door No. 16-2-230, Ward No. 16/2 Gandhi Nagar, Trunk Road, Nellore as arbitrary illegal, discriminatory colourable exercise of power violative of the procedure contemplated under the Hyderabad Municipal Corporation Act as applicable to the respondent violative of the Fundamental Rights guaranteed under Articles, 14 , 19 and the Constitutional Right guaranteed under Article 300-A of the Constitution of India and consequently direct the respondent to permit us to complete left over works and use the building. Counsel for the Petitioner:MR.C.V.R.RUDRA PRASAD Counsel for the Respondent: MR.A.SRIDHAR The Court made the following : ORDER: The petitioners filed the present writ petition with the following prayer: “to declare the action of the respondent and his subordinates in not permitting the petitioners from carrying out the internal works in the building premises bearing Plot Nos. 28, 29, Door No.16-2-230, Ward No.16/2, Gandhi Nagar, Trunk Road, Nellore, as arbitrary, illegal, discriminatory, colourable exercise of power, violative of the procedure contemplated under the Hyderabad Municipal Corporation Act as applicable to the respondent, violative of the Fundamental Rights guaranteed under Articles 14,19 and the Constitutional Right guaranteed under Article 300-A of the constitution of India, and consequently direct the respondent to permit the petitioners to complete left over works and use the building”. Earlier, the petitioners filed W.P.No.18294 of 2008 seeking a direction to the respondent Corporation to consider the application filed by them under the Building Penalization Scheme (for short ‘the Scheme’). This Court disposed of the said writ petition on 22.08.2008, directing the respondent Corporation to consider the application of the petitioners in accordance with the Scheme, if there is no impediment in considering their application, as expeditiously as possible and pass appropriate orders. Now, the grievance of the petitioners is that despite the said order, the respondent Corporation is not considering the said application of the petitioners and is not permitting them to attend the internal works of the building in question, on the ground that the proceedings are pending before the Lokayuktha. As agreed by both the learned counsel that if the proceedings before the Lokayukta, insofar as the respondent Corporation is concerned, are closed, it can definitely be said that there is no impediment to consider the said application of the petitioners. In that view of the matter, the respondent Corporation is directed to consider the application of the petitioners and permit them to do the internal works of the building in question, after closure of the proceedings before the Lokayukta. Accordingly, the Writ Petition is disposed of, at the stage of admission. No costs. __________________________ GOPALA KRISHNA TAMADA, J Date:26.11.2008 sj s..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{VSMI}