IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTEENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.21421 of 2007 Between: H. Yogesh, S/o. Seetharam, R/o. Adilabad Town, Adilabad District. ...Petitioner And 1. The Government of Andhra Pradesh, Represented by its Principal Secretary to the Municipal Administration, Secretariat Buildings, Hyderabad. 2. The Municipal Council, Adilabad, Represented by its Chairman, Adilabad Municipality, Adilabad. 3. The Adilabad Municipality, Represented by its Commissioner, Adilabad. 4. The Collector, Adilabad District, Adilabad. 5. Balaji Cotton and Pressing Unit, Adilabad, Represented by its Proprietor, Salasar, Adilabad. ...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 an order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ or order declaring the action of respondent No.2 in allotting the land of 3 acres in Sy.No.54 of Bhukthapur village within the limits of respondent Nos.2 and 3 through resolution MCR No.35 dated 31.5.2007 in favour of respondent No.5 without conducting any public auction, as arbitrary, illegal, null and void and also violative of provisions of the A.P. Municipalities Act and rules and also violative of the principles of natural justice and also violative of Articles 14, 19 and 21 of the Constitution of India and consequently direct respondent Nos.1 to 4 to take the possession of the said land of 3 acres in Sy.No.54 of Bhukthapur Village within the limits of respondent Nos.2 and 3 and to allot the same by conducting open public auction as per rules and to pass such other order or orders. Counsel for the petitioner : Sri K. Venumadhav Counsel for respondent Nos.1 & 4 : Government Pleader for Municipal Administration & Urban Development Counsel for respondent Nos.2 & 3 : None Counsel for respondent No.5 : Sri G. Pramod Kumar The Court made the following: ORDER: (Per Sri Anil R. Dave, C.J.) This is a public interest litigation wherein it has been alleged that respondent No.5 is likely to be granted government land without holding any auction in pursuance of a resolution passed by the Municipal Council, Adilabad. In pursuance of notice issued by this Court, learned Advocate, Sri G. Pramod Kumar, has appeared for respondent No.5 and has submitted that no land has been granted to respondent No.5 pursuant to the afore-stated resolution. If, in future, any land is granted to respondent No.5, it would be open to the petitioner to make a grievance with regard thereto before appropriate authority, if the land is granted in violation of any of the policies of the government. As no land has been granted to respondent No.5, in our opinion, the grievance ventilated in the petition is not well founded and, therefore, the petition is rejected with no order as to costs. ANIL R. DAVE, C.J. 13th July, 2009 R. SUBHASH REDDY, J. ……REGISTRAR To 1. The Principal Secretary to the Municipal Administration, Government of Andhra Pradesh, Secretariat Buildings, Hyderabad. 2. The Chairman, Municipal Council, Adilabad Municipality, Adilabad, 3. The Commissioner, Adilabad Municipality, Adilabad. 4. The District Collector, Adilabad. 5. The Proprietor, Balaji Cotton and Pressing Unit, Salasar, Adilabad, 6. Two copies to the Govt. Pleader for Municipal Administration & Urban Development, High Court Buildings, Hyderabad (OUT). 7. Two C.D. copies. ARS