IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 27290 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 Reddy R/o. Kasturi Devi Nagar, Pogathota, Nellore, Nellore District. ..... PETITIONER(S) 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 the action of the respondent in not permitting us from constructing residential houses pursuant to the permissions granted in B.A.No.451/08/G-4, and B.A.No.450/08/G-4, dated 14.8.2008, respectively as arbitrary, unjust, illegal, colourable exercise of power, violative of the Fundamental Rights guaranted under Articles 14, 19 and the Constitutional Right guaranted under Article 300-A of the Constitution of India and consequently direct the respondent to permit us to construct houses. Counsel for the Petitioner:MR.C.V.R.RUDRA PRASAD Counsel for the Respondent No.: MR.A.SRIDHAR The Court made the following : ORDER The petitioners approached this Court and filed the writ petition with the following prayer: “For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon’ble Court may be pleased to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of mandamus declaring the action of the respondent in not permitting us from constructing residential houses pursuant to the permissions granted in B.A.No.451/08/G-4, and B.A.No.450/08/G-4, dated 14.8.2008 respectively as arbitrary, unjust, illegal, colourable exercise of power, 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 construct houses and pass such other order or orders as are deemed fit and proper in the circumstances of the case.” When the matter is taken up for hearing, Sr i A.Sridhar, learned Standing Counsel for Nellore Municipal Corporation, on instructions, submits that the respondent-Corporation has no objection, if the petitioners proceed with the construction, as per the approved plan, without any deviations. In the light of the said submission, this writ petition is disposed of with a direction to the respondent-Corporation to permit the petitioners to proceed further with the construction of the residential houses. However, the said construction of the residential houses shall be as per the permission accorded by the Corporation in B.A.No.451/08/G-4 and B.A.No.450/08/G-4, dated 14.8.2008. No costs. __________ 22-12-2008 rkk