HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.26893 of 2014 Date : 18-12-2014 Between :
B. Satyanarayana Raju ..
Petitioner And The District Collector, West Godavari District and others ..
Respondents Counsel for petitioner : Mr. Prasad Rao Vemulapalli for Smt. Padmavathi Vemulapalli Counsel for respondent Nos.1 & 2 : Assistant Government Pleader for Revenue Counsel for respondent No.3 : Assistant Government Pleader for Irrigation (AP) Counsel for respondent No.4 : Mr. V.V.L.N. Sarma The Court made the following :
ORDER:
This Writ Petition is filed for a mandamus to set-aside proceedings in notice bearing No.DEE/DSD/Bhimavaram/156M, dated 2-9-2014 of respondent No.3 whereby he has called upon the petitioner to remove the feed shed and the trees planted by him over the drain bund.
At the hearing, Mr. Vemulapalli Prasad Rao, learned Counsel for the petitioner has submitted that after the filing of the Writ Petition, the shed which was constructed partly over the drain bund and the trees planted by the petitioner over that part have already been removed and that therefore he is not pressing the Writ Petition to the extent of these two items. He has however submitted that the electrical transformer erected by respondent No.3 is also proposed to be removed at the instance of respondent No.4.
A careful perusal of the impugned notice shows that though there is reference to the existence of the electrical transformer in the first part, no direction was issued to the petitioner to remove the same. Therefore, in the absence of any such direction, it is not necessary for this Court to grant relief with regard to the electrical transformer in this Writ Petition. However, it is made clear that if respondent No.3 finds the existence of the transformer over the bund as an obstruction, he shall follow due process of law.
Subject to the above observations, the Writ Petition is disposed of.
As a sequel to the disposal of the Writ Petition, interim order dated 17-9-2014, as extended on 10-10-2014, is vacated and WPMP No.33602 of 2014 and WVMP Nos.2964 and 3160 of 2014 are disposed of as infructuous.
Justice C.V. Nagarjuna Reddy Date : 18-12-2014 AM