HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.29666 of 2011 ORDER: 1. This Writ Petition is filed for a Mandamus to declare the inaction of respondent Nos.1 to 5 in considering resolution No.7, dated 19.09.2011, passed by respondent Nos.6 and 7 and the objections-cum-representation, dated 29.09.2011, submitted by the petitioners, as illegal and violative of the rules framed under G.O.Ms.No.63, dated 18.02.2006, issued by respondent No.1. 2. The brief facts of the case that are necessary for disposal of the Writ Petition may be as follows: - Respondent Nos.3 and 4 submitted proposal to respondent No.1 for upgradation of Ongole Municipality to that of Municipal Corporation. Thereupon, the petitioners, who are the residents of Mangamuru Village, stated to have submitted representation, dated 29.09.2011 to exclude the said Village from the proposed upgradation of Ongole Municipality, and that respondent No.7 passed a resolution, dated 08.09.2011, reporting no objection for inclusion of Mangamuru Gram Panchayath into the proposed Ongole Municipal Corporation. However, later, respondent Nos.6 and 7 having realised the will of the villagers of the said Village, passed another resolution, dated 19.09.2011, cancelling the earlier resolution, dated 08.09.2011. The grievance of the petitioners is that though there are no justifiable reasons for inclusion of Mangamuru Gram Panchayath in the proposed upgradation of Ongole Municipality, the respondents are not considering the validly passed resolution, dated 19.09.2011 and the petitioners’ representation, dated 29.09.2011, seeking to exclude the Mangamuru Gram Panchyath from the limits of the proposed Ongole Municipal Corporation. Hence, the present writ petition. 3. Heard both sides. 4. Learned counsel for the petitioners contended that though initially, respondent No.7 passed resolution on 08.09.2011, reporting no objection to include Mangamuru Gram Panchayat within the limits of the proposed Ongole Municipal Corporation, later, another resolution, dated 19.09.2011, was passed for excluding the said Gram Panchayat from the proposed Ongole Municipal Corporation. Thereafter, the petitioners submitted objections to respondent No.4-District Collector, who is the competent authority to take appropriate decision in this regard, but, he has not considered the same and not passed any orders thereon and hence, he prayed to allow the writ petition. 5. Learned Standing Counsel appearing for respondent No.3 stated that the District Collector is the competent authority to take appropriate decision. 6. It is not in dispute before this Court that the District Collector is the competent authority to consider the objections-cum-representation submitted by the petitioners and forward his proposals to the Government. At that stage, the present writ petition is filed seeking to declare the inaction on the part of respondent No.4 in considering the same as illegal. 7. In that view of the matter, the Writ Petition is disposed of directing respondent No.4 to consider the objections of the petitioners, and also the objections, if any, received from any other quarter and forward his proposals to the Government in order to take appropriate decision in terms of G.O.Ms.No.63, dated 18.02.2006. There shall be no order as to costs. ____________________ JUSTICE K.C.BHANU 08thNovember 2011 DR