Petitioners sought a writ directing the State not to carry out railway over bridge work in Mahabubabad as it would destabilize their houses and market yards. The High Court dismissed the petition for non-prosecution as no representations were filed by either side during the hearing.
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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
TUESDAY, THE FIFTH DAY OF JULY TWO THOUSAND AND FIVE
PRESENT
THE HON'BLE MR JUSTICE R.SUBHASH REDDY
WRIT PETITION NO : 19163 of 2001
Between:
1 Vankayala Pati Rathna Shekar S/o Rangaiah R/o Mahabubabad, Ellendu Road, Warangal District. 2 Tallada Sathaiah S/o Venkat Narsaiah R/o Upparagudam, Korivi (Mandal), Warangal District. 3 Jalagam Nageshwar Rao S/o Ramaiah R/o Kambalapally, Mahabubabad (Mandal) Warangal District. 4 T. Dasharatham S/o Narayana R/o Mahabubabad (Mandal), Warangal District. 5 S. Venkatram Narsaiah S/o Buchaiah R/o Mahabubabad (Mandal), Warangal District. 6 G. Ayodhya S/o Veerabhadram R/o Ellandu Road, Mahabubabad (Mandal), Warangal District. 7 P. Pandu rangaiah S/o Muthaiah R/o H.No.2-2-14/2, RTC Bus Stand Road, Mahabubabad (Mandal), Warangal District. 8 Vemi Setty Venkanna S/o Jagannadham R/o Kotha Bazar, Near Govt. Hospital, Mahabubabad (Mandal), Warangal District. 9 G. Pitchaiah S/o Narayana R/o Modulagudem, Korivi (Mandal) Warangal District. 10 G. Rajeswar Rao S/o Sudhershanam R/o Near RTC Bus Stand, Mahabubabad (M), Warangal Dist. 11 Vemi Setty Chandraiah S/o Jagannadham R/o Near Govt. Hospital, Mahabubabad (Mandal), Warangal District. 12 Sreerangam Naveen S/o Venkatram Narsaiah R/o 4-2-23, Mahabubabad (Mandal), Warangal District. 13 S. Krishna Veni W/o Satyanarayana
..... PETITIONERS
AND
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ of Mandamus directing appropriate order or direction in the nature of Writ directing the respondents not to carry out any railway over bridge work in Mahabubabad (V) at 82nd level crossing between Kajipet - Vijayawada railway line as per 2001 plan or otherwise which would destabilise the petitioners residential houses, agricultural market yard and the petrol bunk in the Mahabubabad village and the respondents to directed to carry out the proposed work in the vacant agriculture land which is located just about 150 yards away after declaring the impugned action to carry out the work through the residential houses, of the petitioners and others, agricultural market yard and the petrol bunk in Mahabubabad village as also calling for the tenders by notice dt: 4-8-2001 issued by the 2nd respondent as arbitrary, discriminatory and voilative of Art. 14, 21 and 300-A of the Constitution of India, justice, equity and fair play.
Counsel for the Petitioner:MR.B. NALIN KUMAR
Counsel for the Respondents 1 to 5: GP FOR ROADS & BUILDINGS Counsel for Respondent No.6: Mr. P. Raghavender Reddy, SC for ZPs, MPs, Gr.Ps.
The Court made the following :
ORAL ORDER:
When this writ petition came up for hearing on 30.6.2005, there was no representation on either side and, accordingly, it was adjourned to 5.7.2005, under the caption ‘for dismissal’. Even today, there is no representation on either side.
In that view of the matter, this writ petition is dismissed for non-prosecution. No order as to costs.
5.7.2005
CVM
To,
7. 2 CCs to G.P. for Roads and Buildings, High Court buildings, Hyderabad (OUT).
8. 2 CD copies.
Vankayala Pati Rathna Shekar and others 13
The State of A.P. Rep. by the Secretary, Roads & Buildings Dept. and others 6
R.Subhash Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
