Writ petition challenging rejection of saw mill relocation was dismissed as infructuous because the cause of action ceased to exist after the premises were sold and license renewed.
Writ petition dismissed as infructuous; cause of action no longer survives.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
WEDNESDAY, THE TWENTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO: 18249 OF 2014
Between:
M/s.Sri Lakshmi Nrusimha Swamy Timber Depot & Saw Mill, rep.by its Owner Sri.V.Srinivasulu, S/o.Malakondaiah, aged about 60 years, Occ: Business, D.No.6-21-22, K.T.Road,Vijayawada, Krishna District
...RESPONDENTS
Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order or direction more particularly onein the nature of writ of mandamus by declaring the action of the 4**^ respondent in rejecting the request of the pehtioner to shift the saw mill premises of M/s.Sri Lakshmi Nrusimha Swamy Timber Depot & Saw mill K.T.Road, Vijayawada to the premises in D.No.4-1-32 Chittinagar, Vijayawada vide impugned orders issued in Ref.No.2368/1999-V4 dated 27.6.2014 as being arbitrary, illegal, discriminatory violative of AP Saw Mills (Regulation ) Rules 1969 and contrary to the law laid by the Hon'ble High Court in WP.No.1294 of 2011 dated 11.2.2011 and hold that the petitioner is entitled to shift the saw mill premises of M/s.Sri Lakshmi Nrusimha Swamy timber Depot & Saw Mill, K.T.Road, Vijayawada to the premises bearing D.No.4-1-32 Chittinagar, Vijayawada, from the existingsite.
I.A. NO: 1 OF 2014fWVMP. NO: 2781 OF 2014^
Between:
...PETITIONER
AND
M/s.Sri Lakshmi Nrusimha Swamy Timber Depot & Saw Mill, rep.by its Owner Sri.V.Srinivasulu, S/o.Malakondaiah, aged about 60 years, Occ; Business, D No 6- 21-22, K.T.Road.Vijayawada, Krishna District
...RESPONDENTS
Petition under Section 151 CPC is filed praying that in the circumstances Stated in the affidavit filed in support of the writ petition, the High Court may be pleased vacate the interim orders Dt; 07.07.2014, in WPMP No. 22884/2014 in WP No. 18249/2014, and dismiss the writ petition
I.A. NO: 2 OF 2014fWPMP. NO: 22884 OF 201 d)
Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to permit the shifting of saw mil premises of M/s Sri Lakshmi Nrusimha Swamy Timber Depot & Saw Mill, K.T.Road, Vijayawada to the premises bearing D.No.4-1-32, Chittinagar. Vijayawada by suspending the operation of impugned order issued in Ref.No.2368./1999-V4 dated 27 6 2014 bv the 4th respondent ^
Counsel for the Petitioner: SRI V RAVICHANDRAN
Counsel for the Respondent Nos. 1 to 5: GP FOR FORESTS (AP)
The Court made the following: ORDER
I
HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No. 18249 of 2014
ORDER:
The present Writ Petition came to be filed
under Article 226 of the Constitution of India seeking the following relief:-
"...to issue a writ, order or direction more particularity one in the nature of writ of Mandamus bp declaring the action of the respondent in rejecting the reguest of the petitioner to shift the saw mill premises of M/s Sri Lakshmi Nrusimha Swamp Timber Depot & Saw mill, K.T.Road, Vijapawada to the Premises in D. No. 4-1-32, Chittinagar, Vijapawada vide impugned orders issued in RefNo.2368/1999-V4 dated 27.6.2014 as being arbitrary, illegal, discriminatory, violative of A.P. Saw Mills (Regulation) Rules, 1969 and contrary to the law laid bp the Hon’ble High Court in W.P.No.1294 of 2011 dated 11.2.2011 and hold that the petitioner is entitled to shift the saw mill premises of M/s Sri Lakshmi Nrusimha swamp timber Depot & Saw Mill, K.T.Road, Vijapawada to the premises bearing D. No. 4-1-32, Chittinagar, Vijayawada from the existing site and to pass....”
- Today when the matter came up for hearing, learned Government Pleader for Forests produced a copy of instructions received form the District Forest Officer, N.T.R. Division, Vijayawada vide Re.No. 10/2023, dated 19.12.2023, wherein it is stated that the saw mill was shifted to proposed locationi.e. D.No.4-1-32, Chittinagar, Vijayawada, thereafter, it was sold to one Mr.Syed Hussain which was running in the
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name of HK Timber Depot and Saw Mill in said location itself and the proposals were also got approved bythe PCCF, A.P., Guntur vide Rc.No.2876/22-Prod.3, dated 02.01.2023 and the license of the same is also renewed up to 31.12.2023 by the District Forest Officer, N.T.R. Division, Vijayawada and submits that the cause in the writ petition does not survive for further adjudication. 3. As per the written instructions produced by the learned Government Pleader for Forests, the license of the petitioner is renewed up to 31.03.2023. Therefore,
the cause in the writ petition does not survive for further adjudication. Accordingly, the Writ Petition is dismissed as infructuous. There shall be no order as to costs.
Miscellaneous petitions pending, if any, in this
Writ Petition shall stand closed.
To,
//TRUE COPY//
I
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HIGH COURT
DATED: 20/12/2023
ORDER
WP.No.18249of 2014
lIsIXH
DISMISSING THE WP AS INFRUCTUOUS WITHOUT COSTS
M/s. Sri Lakshmi Nrusimha Swamy Timber Depot & Saw Mill
The Government of Andhra Pradesh
V. SUJATHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
