IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No. 15849 of 2008 Date: 28.04.2014 Between:
P. Jagannadha Rao & others.
… Petitioners And Govt., of A.P., rep., by its Secretary, Panchayat Raj Department, Hydeabad & 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. 15849 of 2008 ORDER: (Per the Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta) All the respondents have not filed counters. Only the 4th respondent has filed its counter in response to the prayer of the writ petition, which is as follows:
“… Hon’ble Court may be pleased to issue a writ of Mandamus or any other appropriate writ, order or direction declaring the action of the 4th respondent in using the land in Jayaprakashnagar, 1st Ward of Respondent meant for communal purposes for digging of tank for a Mineral Water Plant for a private organization as illegal, arbitrary etc., with a consequential direction to the respondents to use the said land only for communal purposes viz., for construction of park, school, library etc., or at least to supply drinking water to the residents of our colony by construction of a overhead tank.”
We think that had there been counters from all the respondents, the matter would have been clear before us to adjudicate completely. Hence, we think that the matter can be disposed of since it is an old one.
Accordingly, the writ petition is disposed of directing the District Collector, West Godavari, to look into the complaint made by the petitioners by way of a representation, which was annexed at page No.28 of this writ petition, issue notice of hearing to the petitioners and pass a speaking order, if called for, at this distant time. The entire exercise shall be completed within a period of one month from the date of receipt of a copy of this order. 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: 28.04.2014 ES