HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND HON’BLE SRI JUSTICE SANJAY KUMAR W.P.No.2347 of 2010 Date: 20.01.2014 Between:
Younis Sultan and others . Petitioners AND The Government of Andhra Pradesh, represented by its Principal Secretary, Municipal Administration Department, Hyderabad, and others ...Respondents HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND HON’BLE SRI JUSTICE SANJAY KUMAR
W.P.No.2347 of 2010
ORDER: (per Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta ) This writ petition has been filed seeking a Writ of Mandamus declaring the action of the respondents in seeking to fill up “Yenugula Kunta” pond (catchment area) admeasuring 3.00 acres in T.S.Nos.3/1 and 3/2 of Block- K, Survey No.115/1 near Jalagam Vengala Rao Park, Banjara Hills, Khairatabad Mandal, Hyderabad, as illegal, arbitrary and opposed to the provisions of the A.P. Water, Land and Trees Act, 2002 and also the provisions of the Greater Hyderabad Municipal Corporation Act, 1955 and further a direction has been sought for asking the respondents to take appropriate steps for restoring the lake bed of Yenugula Kunta by removing the filled up material.
In the writ petition, nothing has been shown that the aforesaid land in question is a tank or pond or lake for that matter. Therefore, the respondents have come up with a case in their counter-affidavits that the land in question is neither water body nor lake. It is stated that the land in question is classified as Sarkari Poramboke, meaning thereby it is a dry land.
Under the aforesaid circumstances, we are of the view that the writ petition is without any basis.
Accordingly, we dismiss the writ petition. Miscellaneous Petitions pending, if any, in this petition shall also stand closed. No order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J
20.01.2014
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