HON’BLE SRI JUSTICE A.V.SESHA SAI W.P.No.14815 of 2003 Date :26-06-2014 Between:
Sri Surisetti Sannibabu S/o Appala Naidu, Hindu, Male aged about 55 years, Business, R/o D.No.7-317, Hanumanthu Waka Junction, Visakhapatnam.
… Petitioner and Sri Varsha Lakshmi Narasimha Swamy Devasthanam, Simhachalam represented by its Executive Officer, Simhachalam, Visakhapatnam District and others.
… Respondents THE HON’BLE SRI JUSTICE A.V.SESHA SAI ORDER:
W.P.No.14815 of 2003 This writ petition, under Article 226 of the Constitution of India, is filed by the petitioner herein, challenging the action of the respondents in laying the road through his 12 cents of site in S.No.275 of Adavivaram village, Chinagadili Mandalam, presently called as Sanjay Gandhi Colony, Visakhapatnam, Visakhapatnam district as illegal, arbitrary, capricious and violative of principles of natural justice and also violative of Articles 14, 21 and 300-A of the Constitution of India.
2. The very basis or foundation for instituting the present writ petition was pendency of W.P.No.3515/2001 before this Court filed by the petitioner herein. In response to the Rule Nisi issued by this Court a counter affidavit is filed on behalf of the respondents herein, stating that WP.No.3515/2001 was disposed of by this Court on 23.07.2003 and in terms of the said order the petitioner submitted an application and the same is pending. It is further stated that respondents are not making any efforts to lay the road in the alleged site of the petitioner herein, as such, the writ petition is liable to be dismissed on the said ground. Copy of the order dated 23.07.2003 passed in WP.No.3515/2001 is placed on record by the learned counsel for the respondent institution.
3. The said writ petition was disposed of by this Court leaving it open to the petitioner therein to work out his remedies in accordance with G.O.Ms.No.578, dated 19.08.2000 after due verification of facts.
4. For the aforesaid reasons and having regard to the averments made in the counter affidavit filed by the first respondent to the effect that the respondent is not making any efforts to lay the road, this writ petition is closed. As a sequel, the miscellaneous petitions, if any, shall stand closed. No order as to costs.
A.V.SESHA SAI, J Date:26.06.2014 grk THE HON’BLE SRI JUSTICE A.V.SESHA SAI W.P.No.14815 of 2003 Dated 26.06.2014