THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No. 23078, 27198 and 19903 of 2007 Dated: 08.02.2008 Between: Sri Mathrusree Co-op., House Building Society Limited, Visakhapatnam, rep., by its Secretary A. Jagannadham. … Petitioner (in WP.No.23078 of 2007) Sri Mathrusree Co-op., House Building Society Limited, Visakhapatnam, rep., by its Secretary A. Jagannadham. … Petitioner (in WP.No.27198 of 2007) The Mathrusri Nagar House Building Society Plot Owners Welfare Association, Kurmannapalem, Visakhapatnam, rep., by its President Ch. Ashok Goud. … Petitioner (in WP.No.19903 of 2007) AND Visakhapatnamd Uraban Development Authority, rep., by its Vice Chairman, Visakhapatnam & others. … Respondents (in all writ petitions) Counsel for the petitioners : Sri D. V. Nagarjuna Babu in all writ petitions Sri K. Chidambaram Counsel for respondents 1&2 : Sri M. Ravindranath Reddy Sri D.V. Nagarjuna Babu Counsel for respondent No.3 : Sri N. Ranga Reddy Counsel for respondents 4&5 : None THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No. 23078, 27198 and 19903 of 2007 ORDER:- Since common issues are involved in these three writ petitions, they are being disposed of by a common order at the interlocutory stage with the consent of the learned counsel appearing for the parties. W.P. No.23078 of 2007 is filed for a writ of Mandamus to declare proceedings dated 23.06.2007 issued by respondent No.2, as illegal, arbitrary and without jurisdiction. By the said proceedings, respondent No.2 kept final layout LP.No.18 of 2007 relating to the petitioner society in abeyance. W.P. No.27198 of 2007 is filed by the petitioner in W.P.No.23078 of 2007 for a writ of mandamus to declare the action of respondent Nos.1 and 2 in not communicating the final layout purportedly released by respondent No.2. W.P. No.19903 of 2007 is filed by the Mathrusri Nagar House Building Society Plot Owners Welfare Association, Kurmannapalem, Visakhapatnam, for a writ of Mandamus to declare the action of respondent No.1 in not taking further course of action for release of layout as recommended by respondent No.2 vide proceedings dated 20.03.2007. A perusal of the order impugned in Writ Petition No.23078 of 2007 shows that in view of certain objections and suggestions received from plot owners and members of the petitioner society, layout bearing No.LP.No.18 of 2007 assigned to the petitioner’s society was kept in abeyance till completion of the enquiries. In paragraph 9 of the counter-affidavit filed by respondent No.2, it is averred that on 11.12.2007 it came to light through their Standing Counsel that the Upa Lokayukta rejected the complaint of Sri Venunaidu filed against the petitioner vide its order dated 28.08.2007 and that the reasons for which the layout was placed in abeyance were no more available as on date except the objection to the extent of Ac.4.00 in Sy.Nos.46/2 and 46/3. At the hearing, learned Standing Counsel for respondent Nos.1 and 2 submitted that in view of the stand taken by respondent No.2 in the counter-affidavit, there is no reason to continue to keep proceedings dated 31.03.2007 in abeyance. But the learned counsel had drawn my attention to the conditions contained in proceedings dated 31.03.2007 and submitted that as per the said conditions, Greater Visakhapatnam Municipal Corporation shall release one set of plans to the petitioner society subject to the compliance of the said conditions. At the hearing, learned counsel appearing for the parties joined disuse on whether proceedings dated 31.03.2007 were communicated by respondent Nos.1 and 2 to respondent No.3 Corporation or not. In the manner in which the writ petitions are proposed to be disposed of, the said issue need not be gone into. Since it is agreed by respondent Nos.1 and 2 that the factors, which prevailed on them to keep the approved layout in abeyance, no longer exist as on the date, there is no warrant to continue proceedings 23.06.2007 to exist. In view of the same, the said proceedings are set aside. Sri D.V. Nagarjuna Babu, learned counsel for the petitioners in Writ Petition Nos.23078 and 27198 of 2007 agreed that the petitioners are bound to comply with the conditions stipulated in proceedings dated 31.03.2007 under which the final layout is purported to be released. In view of the same, respondent Nos.1 and 2 are directed to communicate proceedings dated 31.03.2007, if not already communicated, to respondent No.3 and respondent No.3 on such communication is directed to inform the petitioners, within a period of four weeks, about the conditions, which are required to be complied with as contained in proceedings dated 31.03.2007 of respondent Nos.1 and 2. Immediately, on compliance with those conditions, respondent No.3 shall release the final layout plan to the petitioners. Learned counsel for the petitioners in W.P. Nos.23078 and 27198 of 2007 and also the learned Standing Counsel for respondent Nos.1 and 2 questioned the locus standi of the petitioner’s Association in W.P. No.19903 of 2007 to maintain the same. In view of the directions given in W.P. Nos.23078 and 27198 of 2007, there is no need to pass any order on merits and consequently no finding on the petitioner’s locus standi to file the said writ petition need be rendered. The said writ petition is therefore disposed of as infructuous. Sri K. Chidambaram, learned counsel for the petitioner in Writ Petition No.19903 of 2007, however, submitted that the petitioner deposited certain amounts with respondent No.3 for release of the final layout plan and it may be permitted to seek refund of the same. The members of the petitioner’s Association are left free to make appropriate representation to respondent No.3 for return of the amount, if any deposited and respondent No.3, on receipt of such representation, shall consider the same and pass appropriate orders thereon. Writ Petition Nos.23078 and 27198 of 2007 are accordingly disposed of and Writ Petition No.19903 of 2007 is dismissed as infructuous. As a sequel to disposal of the writ petitions in the manner indicated above, WPMP.Nos. 30071, 35529 and 25671 of 2007 are disposed of as infructuous. _____________________________ C.V. NAGARJUNA REDDY, J Date: 08.02.2008 ES