IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 23902 of 2002 Between: 1 K. Venkata Naveen S/o. K.S.K.V. Prasada Rao minor R/o. Poranki Village, Penamaluru Mandal, Krishna District, rep. by its mother Smt. K. Padmaja. 2 K. VenkataPradeep S/o. K.S.K.V. Prasada Rao minor R/o. Poranki Village, Penamaluru Mandal, Krishna District, rep. by its mother Smt. K. Padmaja. ..... PETITIONER(S) AND 1 The Vijayawada, Guntur, Tenali Mangalagiri Urban Development Authority , rep. by its Vice- Chairman, Vijayawada, Krishna District. 2 Sub- Collector, Vijayawada Krishna District. 3 The Mandal Revenue Officer Penamaluru Mandal, Krishna Dist./ 4 Karlapudi enkateswara Rao S/o. Late Venkatramaiah R/o. D.No. 27-30-4, Byreddy Ramanna Street, Governorpet, behind Buckinghum Post Office, Vijayawada-2, Krishna District. 5 Mandava Venkata Ratnam S/o. Janakiramaiah R/o. D.No. 40-7-22, Mogalrajapuram, near Jammichettu Vijayawada- 10, Krishna District. 6 Devinenik Venkata Lakshmeeswary W/o. Devineni Venkata Subba Rao D.No. 70-1-11, Koneruvari Street, Patamata, Vijayawada-10 Krishna District. 7 Nuvvula Veera Nagarajan S/o. Nuvgvula Punnaiah R/o. New RTC Colony, TF-1, Patamata, Mega Township, Gnaneswari Residency, Vijayawada-10, Krishna District. 8 Perecherla Nagamani W/o. Venkatasubba Raju R/o. Mutyalampadu Village, D.No. 23-33-1, Vijayawada-11. 9 Kolapalli Srinivasa Rao S/o. Krishna Murthy r/o. Plot No. 118, Gunadala, Veternary Colony, Vijayawada-8. 10 Kalapala Umamaheswara Rao S/o. Nageswara Rao r/o. Mega Township, lohia Residency, 2nd Floor, No.5, Patamata, Vijayawada. 11 Parmarthy Srinivasa Rao S/o. Suryachandra Rao r/o. D.No. 47-4-19, Gunadala, Vijayawada-5. 12 Yalamanchili Srihari Rao S/o. Venkata Subbarao R/o. Meduru Village, Pamidimukkala Mandal, Krishna District. 13 Kalapala Rama Rao S/o. Nageswara Rao r/o. Chodavaram Village, Penamaluru mandal, Krishna Dist. 14 Smt. Dasara Ratnasree W/o. Gaddam Satyajeevan Rao r/o. D.no. 67-8-2, Patamata, Vijayawada-10. 15 Kakarala Rajendra Prasad S/o. Narayana Rao r/o. Door No. 29/256 Chintagunta Palem, Machilipatnam, Krishna District. 16 Guduru Murali Krishna S/o. Rajagopala Rao r/o. New RTC Colony, Mega Township, Hemanth Residency, No.6, 4th Floor, Patamata, Vijayawada-10. 17 Obilisetty Sivasankara Mutyam S/o. Subrahmanyam R/o. 21-1-17, A.S. Raju Road, Mutyalampadu, Vijayawada-11. 18 Buddi Raveendra Ranu S/o. Vishnumbuan Rao R/o. Sree Towers, Srinagar Colony, Vijayawada-8. 19 Smt. Koneru Ramadevi W/o. Dattatreya Murthy R/o. 1st Floor. No.3, Sree Towers, Sreenagar Colony, Vijayawada-8. 20 Smt. Vemula Padmaja W/o. Dlaprolu Sateesh R/o. D.No. 1/15-1, G.B. nagar, Krishna Lanka, Vijayawada-13. 21 Boppoody Kishore S/o. Nageswara Rao R/o. D.no. 50-18-11, TBT Colony, Seetammadhara, Visakhapatnam. 22 Madiry Naveen Kumar S/o. Ramamohan Rao r/o. Gadeapoody Village, Gudlavalleru Mandal, Krishna District. 23 Madiry Vijaya Kumar S/o. Ramamohan Rao r/o,. Gadeapoody Village, Gundlavalleru mandal, Krishna District. 24 Smt. Yanamadala Annela Kumary W/o. Vijaya Kumar R/o. Plot No. 93, RTC Colony, 3rd Line, Patamata, Vijayawada-10. 25 Angadala Subramaneswara Rao s/o. Venkateswara Rao R/.o. D.No. 29-37-20/1, Aunty Home Foods Kothaventena Centre, Durga Agraharam, Eluru Road, Vijayawada-2. 26 Kum. Kapa Pratima D/o. Bahu Rao R/o. 40-27-8, Siddarthanagar, Patamata, Vijayawada-10. 27 Chittibomma Venkata Murali S/o. Jagan Mohan Rao R/o. 21-3-42, Lakshminagar, Satyanarayanapuram, Vijayawada-3. 28 Vishnumolakala Rajahamsa S/o. Veera Basavaiah R/o. Kasturibaipet, Mogalrajapuram, Vijayawada-10. 29 Smt. Buddi Ratna Kasturi Bai W/o. Vishnu Mohan Rao R/o. F-3, Sree Towers, Srinagar Colony, Gunadala, Vijayawada-8. 30 Chalasani Venkateswra Rao S/o. Mallikarjuna Rao R/o. D.No. 40-1-22, Mogalrajapuram, near Jammi Chettu Street, Vijayawada. 31 Kadiyala Jayasree W/o. Kanakadurga Rao R/o. D.No. 31-18-1, Machavaram Down, Vijayawada. 32 Guthikonda Vijaya Lakshmi W/o. Gutti Konda Subrahmanya Prasad R/o. D.No. 31-15-1, Machavaram Down, Vijayawada, Krishna District. .....RESPONDENT(S) 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 to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the proceedings in R.C.C8- 173/2000 dt. 27-10-2002 issued by the 1st Respondent herein, as arbitrry, caprecious, unreasonable, violative of principles of natural justice, contrary to Section 14 of teh A.P. Urban Areas (Development) Act, 1975 Order dt.23-4-2001 in W.P.no. 394 of 2001, Order dt. 24-9-2002 in W.P.No. 12519 of 2002 and also violative of Articles 14 and 21 of the constitution of India and pass Counsel for the Petitioner: MR.POTTIVENKATA RAMANA RAO Counsel for the Respondent No.: MR.V.V.ANIL KUMAR The Court made the following: THE HON’BLE SRI JUSTICE GODA RAGHURAM W.P.No. 23902 of 2002 05-02-2009 Oral Order: The petitioners challenge the orders of the 1st respondent – The Vijayawada, Guntur, Tenali, Mangalagiri Urban Development Authority – dated 27-10-2002 according approval for the layout in an extent of Ac.03-06 cents in R.S.Nos. 417/4, 418/1 of Poranki village, Penamaluru Mandal, Krishna District. The layout in the aforesaid lands was presented for the approval by the 1st respondent, by the respondent Nos. 6 to 29. According to the petitioners, the 4th respondent, their paternal grandfather and other coparceners owned several extents of property including the property in question. The petitioners’ father is stated to have filed O.S.No.795 of 1989 before the learned Subordinate Judge’s Court, Vijayawada seeking partition of the suit schedule properties against the 4th respondent and others; their father and the 4th respondent however collusively got the suit for partition dismissed. The petitioners filed an application for restoration of the suit, which was dismissed on 21-11-2001. Thereagainst the petitioners filed C.R.P.No. 34 of 2002 before this Court (against the order rejecting the application for restoration of the suit). In the revision, an order of status quo was granted on 05-07-2002. Thereafter according to the learned counsel for the petitioners Sri Potti Venkata Ramana Rao, the revision was dismissed as well as the special leave petition filed thereagainst. It is stated by the learned counsel for the petitioners that the petitioners have now filed a fresh suit – O.S.No. 59 of 2006 – on the file of the learned II-Additional District Judge, Krishna at Vijayawada. This suit is stated to be pending, for partition of the suit schedule property including the extent of Ac.03-06 cents in R.S.Nos. 417/4 and 418/1 of Poranki village, Penamaluru mandal, Krishna District, which is the subject matter of this writ petition. While so, the respondent Nos. 6 to 29 have represented to the 1st respondent for grant of a layout in respect of the land in an extent of Ac.03-06 cents and the 1st respondent has by the impugned proceedings approved such a layout. The writ petition was filed at a stage when an interim order of status quo granted in a revision was in force pleading that the orders of status quo disable the grant of any layout by the 1st respondent in favour of respondent Nos. 6 to 29. The aforesaid contention was neither relevant at the time of institution of the writ petition and is equally irrelevant today as not only has the revision been dismissed but as stated by the learned counsel for the petitioners even the special leave petition thereagainst has been dismissed. On the aforesaid analysis, there are no merits. The writ petition is accordingly dismissed. No costs. ____________________ GODA RAGHURAM, J Dated: 05-02-2009 Pvks