THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.33884 of 2010 Dated 31st March, 2011 Between: K.N.Abdul Khader and others …Petitioners And The District Collector, Kurnool, and others …Respondents Counsel for the petitioners: Sri Nabi Rasool B. Counsel for Respondent Nos.1 & 2: AGP for Panchayat Raj Counsel for Respondent Nos.3 & 4: Smt.Ch.Vedavani The Court made the following: ORDER: At the interlocutory stage, the writ petition is taken up for hearing and disposal with the consent of the learned counsel for the parties. This writ petition is filed for a mandamus to declare the action of the respondents in not allotting shops to the petitioners as per the resolutions, dated 10.11.2008 and 12.05.2009, passed by respondent No.3 as illegal and arbitrary. In the counter affidavit filed by respondent No.3, it is inter alia stated that the petitioners have encroached upon the land of respondent No.3 in Survey No.746/B1 and were running petty businesses along with various others. That in the said site, respondent No.3 has constructed 40 rooms with the funds provided by the local MLA, that when a notice for vacating the premises was given, some of the occupants have filed W.P.No.14397 of 2008 before this Court and that in compliance with the directions given by this Court, resolutions were passed by respondent No.3 in its meeting held on 10.11.2008, wherein a decision was taken to allot the shop rooms to the petitioners and other similarly situated persons, subject to the condition of their paying rent of Rs.610/- per month and advance amounts equal to three years rents. It is further stated that out of 76 persons, 40 persons have complied with the said conditions by remitting the amounts and that the remaining 36 persons, including the petitioners herein, have not come forward to make payments. It is further stated that respondent No.3 has been strictly implementing resolutions, dated 10.11.2008 and 12.05.2009, and that if the petitioners come forward to pay the rents and advances as per the resolutions of respondent No.3 referred to above, it has no objection for allotting the shop rooms to the petitioners. At the hearing, the learned counsel for the petitioners stated that his clients have no objection for complying with the conditions contained in the above-referred resolutions. Having regard to the above, the writ petition is disposed of with the direction to respondent No.3 to allot shop rooms in favour of the petitioners, if the latter comply with the conditions stipulated in the resolutions, dated 10.11.2008 and 12.05.2009, within a period of two months from the date of receipt of a copy of this order, failing which, respondent No.3 shall be free to allot the shop rooms to third parties. As a sequel to disposal of the writ petition, the interim order, dated 05.01.2011, granted by this Court in W.P.M.P.No.42930 of 2010, shall stand vacated and W.P.M.P.No.42930 of 2010 is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 31st March, 2011 VGB