IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 2755 of 2009 Between: 1.M/s. K.S.R. Construction and Real Estates, a Partnership firm Having its Registered Office at H.No. 9-1-43/14, YRK Complex, Main Road Langer House, Hyderabad- 500 008, Rep. by its Managing Partner Sri K. Srinivasa Rao, S/o. Narasimha Rao, Aged about 38 Years, Occ: Business, R/o.YRK Complex, Langer House, Hyderabad. 2.K. Srinivasa Rao, S/o.Narasimha Rao, R/o. YRK Complex, Langer House, Hyderabad. ..... PETITIONERS AND 1 The Government of Andhra Pradesh, Rep. by its Principal Secretary Revenue Department, Secretariat Buildings, Hyderabad. 2 The District Collector, Prakasam District at Ongle. 3 The Revenue Diviaional Officer, Kandukuruj, Prakasam District. 4 The Tahsildar, Kandukuru, Prakasam District. 5 The Municipal Council, Rep. by its Commissioner, Kandukuru, Prakasam District. .....RESPONDENTS 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 a Writ, Order or Direction and more particularly one in the nature of "Writ of Mandamus" declaring the action of the 3rd respondent in not passing orders on the letter addressed by the 4th respondent dated 17-12-2008 as being illegal, arbitrary, unconstitutional and set aside the letter dated 17-12-2008 and further direct the respondents 3 and 4 not to interfere with the laying of the road of the petitioners property. Counsel for the Petitioners: MR.PATLOLLA VENKAT REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following: THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.2755 of 2009 ORDER: The petitioners own an extent of Acs.4.33 cents in Survey Nos.501 and 507 of Mahadevapuram village, which is part of Kandukuru Municipality. They wanted to develop the said land. It became necessary to lay a road across donka poramboke owned by the Government. The petitioners made an application to the Municipality, which in turn passed a resolution in urgent meeting held on 28.07.2008. On a letter addressed by the Commissioner, Kandukuru Municipality, the District Collector, Prakasam passed an order, dated 25.09.2008, suspending the resolution of the Municipality in exercise of powers conferred under Section 70 of the A.P. Municipalities Act, 1965 (for short ‘the Act’). The petitioners challenged the same by filing W.P.No.23357 of 2008, but withdrew the same. Thereafter, the Municipality passed another resolution on 29.11.2008 reiterating its earlier decision contained in the resolution passed at the meeting held on 28.07.2008. Acting on this, the Tahsildar, Kandukuru, the fourth respondent herein, addressed a letter, dated 17.12.2008, to the Revenue Divisional Officer, Kandukuru, the third respondent, seeking necessary instructions. The grievance of the petitioners is that the third respondent has not taken any action thereon so far. Heard the learned counsel for the petitioners, learned Standing Counsel for Municipalities and the learned Government Pleader for Revenue. The very action of the Municipality in passing a resolution on 29.11.2008 does not appear to be proper. The reason is that a decision taken by it on the same lines in its meeting held on 28.07.2008 was suspended by the District Collector. Unless that suspension is raised or the same is set aside by any competent Court or authority, the Municipality cannot take up the same issue. The letter addressed by the fourth respondent on the basis of such a resolution is equally untenable and this Court cannot use its discretion, in relation to such proceedings. The writ petition is dismissed. However, it is open to the petitioners to pursue the remedies vis-à-vis the orders passed by the District Collector in exercise of powers under Section 70 of the Act. There shall be no order as to costs. ____________________ L.Narasimha Reddy, J Dt.24.02.2009 VGB