IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTIETH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 22796 of 2008 Between: Kanugula Prasad S/o.Balaram R/o.Sitaram puram, Anjaiah Road, Ongole, Prakasam District. ..... PETITIONER AND 1 Government of A.P., rep. by its Principal Secretary, M.A. & U.D. Department, Secretariat, Hyderabad. 2 Ongole Municipality, rep. by its Commissioner, Ongole, Prakasam District. 3 The Chair Person, Ongole Municipality, Ongole, Prakasam District. 4 Ongole Rajaka Seva Sangam, rep. by its General Secretary Sri Swarna Mallikarjuna Rao Post Office Lane, Courier Bhavan, 1st Floor, Church Road, Ongole, Prakasam 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 an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the impugned resolution passed by the resposndent Nos. 2 and 3 dt. 10.3.2008 and sending the proposals to the 1st respondent for allotment of entire land admeasuring Ac. 3-85 cents in Sy.No. 14/1 of Ongole Town, Prakasam District, as illegal, arbitrary, unjust, unconstitutional and in utter violation of principles of natural justice and to grant such other relief or reliefs. Counsel for the Petitioner:MR.VENKATESWARLU SANISETTY Counsel for the Respondent No.: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following : ORAL ORDER: (Per Sri Anil R. Dave, CJ) In this petition, resolution dated 29-2-2008 passed by Ongole Municipality in C.R.No. 1033 has been challenged by a resident of Ongole Municipality. The following resolution has been challenged in this petition. “Resolution:- As per the court orders 3 acres for Rajaka community profession (and other public purposes Rajaka community hall and Rajaka Students Hostel) it has been decided to send the proposals.” It has been submitted by the learned Advocate appearing for the petitioner that the court order referred to in the resolution has been mis-read by the Municipality. In fact, there is no order with regard to grant of land to anyone in the order passed by the Court. It has been therefore, submitted that such a resolution should not have been passed by the Municipality. Be that as it may, Section 59 of the Andhra Pradesh Municipalities Act, 1964 empowers the Government to look into the validity of any resolution passed by the Municipality. Looking to the aforestated provision, the petitioner shall ﬁle his objections before the State so that before considering the resolution passed by respondent No.2-Municipality, respondent No.1-Government will look into the objections and pass appropriate orders. We are sure that the objections shall be considered by the respondent-Government objectively, if no decision has been taken in pursuance of the said resolution so far. Learned Advocate appearing for the petitioner has submitted that his objections shall be forwarded to the Government as soon as possible and preferably within two weeks from today. In view of the above clariﬁcation, the petition stands disposed of with no order as to costs. ____________________ ANIL R. DAVE, CJ _________________________ R. SUBHASH REDDY, J 20th October, 2008. GRR