IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.487 OF 2005 DATED: 21-04-2014 Between:
“SAKTI” a voluntary social organisation and others … Petitioners And Union of India represented by its Secretary to Government, Ministry of Environment & Forests and others ... Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.487 OF 2005 ORDER: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) The above writ petition has been filed for the following relief: “Issue an appropriate writ, order or direction, more particularly one in the nature of writ of mandamus declaring Section 242F of A.P. Panchayat Raj Act as repugnant to Section 4(i) of the Provisions of Panchayat Raj (Extension to Scheduled Areas) Act, 1996 and consequently declare that the respondents cannot take up the construction of Bhoopathipalem reservoir project without the consent of the Grama Sabhas of the affected villages.”
2. This writ petition was filed in the year 2005. No interim order was granted to restrain the respondents from undertaking any construction work. Learned counsel for the petitioners fairly submits that the construction which was sought to be challenged in this matter is over. Hence, basically the subject matter of the writ petition has become infructuous. However, it would be open to the writ petitioners to challenge the provision in future, if occasion arises.
3. The writ petition is accordingly dismissed. Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 21-04-2014 Svv