HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No. 2428 of 2008 Date: 02.06.2014 Between:
Biyyala Venkata Papa Rao … Petitioner And Union of India, rep., by its Principal Secretary, Infrastructural Development Planning Commission, New Delhi & others.
… Respondents This Court made the following:
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No. 2428 of 2008 ORDER: (Per the Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta) This writ petition has been filed for the following reliefs:
“… Hon’ble Court may be pleased to issue a writ, order or direction one more particularly in the nature of writ of Mandamus declaring the action of the respondents 1 and 2 in seeking to shut down the Begumpet International Airport simultaneous with the opening of the new Greenfield Airport at Shamshabad by 4th respondent as being illegal, arbitrary, against the general public interest and unconstitutional and declare that the said action is vitiated on account of non-application of mind and consequently direct the respondents not to close down the commercial operations of the Begumpet International Airport at Hyderabad and use it as the second Airport.”
We have heard Sri Prakash Reddy, learned Senior counsel, for the petitioner as well as the learned Assistant Solicitor General of India and we are of the view that this Court cannot issue any mandate as prayed for, as it is the policy decision of the Government. However, the statement and averment made in the writ petition may be a factor to be considered by the Government for taking a decision on this issue.
Without passing any mandate, but to consider above issue, we close this writ petition. No order as to costs.
Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
K.J. SENGUPTA, CJ SANJAY KUMAR, J Date: 02.06.2014 ES