IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 22201 of 2007 Between: 1 G.Purna Chandra Sekhara Rao S/o.Venkateswarulu Shop No.1, D.No.9-11-13, Kakumanuvari Street, Kothapeta, Guntur - 522001. 2 B.Laxmi Narasimha Rao S/o.Anjaneyulu Shop No.2 D.No.9-11-13, Kakumanuvari Street, Kothapeta, Guntur - 522001. 3 Ch.Ramamohana Rao S/o.Laxmipathi Shop No.3 D.No.9-11-13, Kakumanuvari Street, Kothapeta, Guntur - 522001. 4 G.P.C.Sekhara Rao S/o.Venkateswarlu Shop No.4 D.No.9-11-13, Kakumanuvari Street, Kothapeta, Guntur - 522001. 5 G.V.Chalapathi Rao S/oAdeiah Shop Nos.5&6 D.No.9-11-13, Kakumanuvari Street, Kothapeta, Guntur - 522001. 6 G.Laxmi Rangaiah S/o.Ramaiah Shop No.7 D.No.9-11-13, Kakumanuvari Street, Kothapeta, Guntur - 522001. 7 T.Ramalingeswara Rao S/o.Sitaramaiah Shop No.8 D.No.9-11-13, Kakumanuvari Street, Kothapeta, Guntur - 522001. 8 P.Vijaya Sanker S/o.Ragava Rao Shop No.9 D.No.9-11-13, Kakumanuvari Street, Kothapeta, Guntur - 522001. 9 K.L.K.Rani W/o.Maheswara Rao Shop No.10 D.No.9-11-13, Kakumanuvari Street, Kothapeta, Guntur - 522001. 10 D.Ravi Kumar S/o.China Veera Ragavaiah Shop No.11 D.No.9-11-13, Kakumanuvari Street, Kothapeta, Guntur - 522001. 11 P.Vijaya Laxmi Kumari W/o.Gopala Krishna Kumar Shop No.12 D.No.9-11-13, Kakumanuvari Street, Kothapeta, Guntur - 522001. 12 Y.Narasimha Rao S/o.Late Sitha Ramaiah Shop No.13 D.No.9-11-13, Kakumanuvari Street, Kothapeta, Guntur - 522001. 13 Ch.Kesavara Rao S/o.Subba Raidu Shop No.14 D.No.9-11-13, Kakumanuvari Street, Kothapeta, Guntur - 522001. 14 B.Sai Leelavathi W/o.Late B.S.R.Mohan Rao Shop No.15 D.No.9-11-13, Kakumanuvari Street, Kothapeta, Guntur - 522001. 15 A.Sitha Maheswari W/o.late Satyanarayana Shop No.16 D.No.9-11-13, Kakumanuvari Street, Kothapeta, Guntur - 522001. 16 Ch.Krishna Prasada Rao S/o.Venkata Ratnam Shop No.17 D.No.9-11-13, Kakumanuvari Street, Kothapeta, Guntur - 522001. 17 K.L.Padmavathi W/o.K.Mallikharjuna Rao Shop No.18 D.No.9-11-13, Kakumanuvari Street, Kothapeta, Guntur - 522001. 18 Ch.Sridevi W/o.Ch.Rama Mohana Rao Shop No.19 D.No.9-11-13, Kakumanuvari Street, Kothapeta, Guntur - 522001. 19 G.Aswin S/o.G.P.C.Sekhara Rao Shop No.20 D.No.9-11-13, Kakumanuvari Street, Kothapeta, Guntur - 522001. 20 R.V.Sathish Kumar S/o.Satyanarayana Shop No.21 D.No.9-11-13, Kakumanuvari Street, Kothapeta, Guntur - 522001. 21 T.V.Subramanyam S/o.Subba Rao Shop No.22 D.No.9-11-13, Kakumanuvari Street, Kothapeta, Guntur - 522001. 22 J.Dhana Puspavathi W/o.J.Nageswara Rao Shop No.23 D.No.9-11-13, Kakumanuvari Street, Kothapeta, Guntur - 522001. 23 M.Gandhi S/o.Kondaiah Shop No.24 D.No.9-11-13, Kakumanuvari Street, Kothapeta, Guntur - 522001. 24 M.V.Subba Rao S/o.Nageswara Rao Shop No.25 D.No.9-11-13, Kakumanuvari Street, Kothapeta, Guntur - 522001. 25 P.V.Jhansi W/o.P.V.Raju Shop No.26 D.No.9-11-13, Kakumanuvari Street, Kothapeta, Guntur - 522001. 26 V.Ramamohan Rao S/o.Ranga Rao Shop No.27 & 28 D.No.9-11-13, Kakumanuvari Street, Kothapeta, Guntur - 522001. 27 V.Sarojini W/o.Rama Mohana Rao Shop No.29 D.No.9-11-13, Kakumanuvari Street, Kothapeta, Guntur - 522001. 28 J.Subba Ratnam W/o.Venkateswarlu Shop No.30 D.No.9-11-13, Kakumanuvari Street, Kothapeta, Guntur - 522001. ..... PETITIONERS AND 1 The Government of Andhra Pradesh, rep. by Principle Secretary, Municipal Administration & Urban Development, Secretariat Buildings, Secretariat, Hyderabad. 2 The Guntur Municipal Corporation rep. by its Commissioner, Guntur. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate writ, order or direction, particularly a Writ of Mandamus, declaring the action of the respondent No.2 in trying to demolish the 30 shop rooms situated in the cellar floor, D.No. 9-11-13, Kakumanuvari Street, Kothapeta, Guntur, pending disposal of the regularization proceedings before the 1st respondent as illegal, arbitrary and improper and consequently direct the 1st respondent to regularize the shop rooms situated in the cellar floor, D.No.9-11-13, Kakumanuvari Street, Kothapeta, Guntur, and pass such other or further orders as may be deemed fit and proper in the interest of justice. Counsel for the Petitioners:MR.T.S.VENKATARAMANA Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN. & URBAN DEV. Counsel for the Respondent No.2: Mr.B.VENKATA RATNAM, STANDING COUNSEL. The Court made the following : ORDER: This writ petition has been filed by the petitioners, who are 28 in number, assailing the action of the Guntur Municipal Corporation rep. by its Commissioner, Guntur-2nd respondent in trying to demolish 30 shop rooms situated in the cellar bearing D.No.9-11-13, Kakumanuvari Street, Kothapeta, Guntur, pending disposal of the regularization proceedings before the Government of A.P. rep. by Principal Secretary, Municipal Administration and Urban Development, Hyderabad-1st respondent. 2. Notice before admission came to be ordered on 17.10.2007. The respondents 1 and 2 entered appearance and filed counter-affidavits. 3. S.Devendar Reddy, Joint Director, Municipal Administration and Urban Development Department, A.P., Hyderabad, has sworn to the counter-affidavit filed on behalf of the 1st respondent. Whereas, Siddarth Jain, I.A.S., Commissioner, Municipal Corporation of Guntur, has sworn to the counter-affidavit filed on behalf of the 2nd respondent. 4. Heard learned counsel appearing for the petitioners and learned Government Pleader for Municipal Administration and Urban Development appearing for the 1st respondent; and learned Standing Counsel appearing for the 2nd respondent-Corporation. 5. Learned counsel appearing for the petitioners submits that the petitioners made representation to the Government of A.P. rep. by Principal Secretary, Municipal Administration and Urban Development, Hyderabad-1st respondent, to consider not to demolish the shops existing in the cellar and they undertake to show the parking place as required under the Rules. He further submits that remarks have been called for on their representation from the Commissioner, Guntur Municipal Corporation-2nd respondent and final decision is yet to be taken by the Government on the said representation. 6. In that view of the matter, the writ petition is disposed of at the admission stage directing the Government of A.P. rep. by Principal Secretary, Municipal Administration and Urban Development, Hyderabad-1st respondent to consider the representation of the petitioners keeping in view the recommendations made by the Commissioner, Guntur Municipal Corporation-2nd respondent and pass appropriate orders thereon. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:29th July, 2008. cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RS}