Common order dismissing two writ petitions challenging a tender notice and foundation laying for road construction on petitioners' plots. The court held the cause had become infructuous due to subsequent developments prompting a notification under Section 4(1) of the Land Acquisition Act.
Writ petitions dismissed as infructuous.
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HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO
WRIT PETITION Nos. 25317 AND 26600 OF 2009
DATED 17TH SEPTEMBER, 2014.
BETWEEN
Devineni Radha Rani and anr
….Petitioners in WP.No.25317 of 2009
K.Ramapullam Raju and ors
…..Petitioners in WP.No.26600 of 2009
and
The Government of Andhra Pradesh, Rep. by its Chief Secretary to Municipal Administration, Secretariat, Hyderabad and ors.
….Respondents in both WPs.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO
WRIT PETITION Nos. 25317 AND 26600 OF 2009
COMMON ORDER:
These two Writ Petitions are being disposed of by this common order in view of common issue raised for consideration therein.
Heard the learned Counsel for the petitioners and learned Standing Counsel for the respondents.
These two Writ Petitions are filed challenging the action
of the respondents in issuing E-procurement Tender Notice dated 24.07.2009 and in laying foundation stone on 28.10.2009 for laying 80 feet road through the petitioners’ plots/houses bearing Nos. 1-92, 1-90/1, 1-19, 1-92, 1-27, 1-95/2/5, 1-90, 1-32 and 1-95-B/7 comprised in Sy.Nos.51, 52, 47 and 49 of Guttalabegumpet village, Madhapur, Hyderabad without following due process of law.
It is submitted by the learned Counsel for the petitioners that after filing the present Writ Petitions the respondents have issued notification under Section 4(1) of the Land Acquisition Act and challenging the same, the petitioners have filed Writ Petition Nos. 28136 of 2009, 33084 of 2013 and 33085 of 2013 and the same are pending consideration before this Court. He further submitted that in view of the subsequent developments, the cause in the present Writ Petitions has become infructuous. The said submission of the learned Counsel for the petitioners is taken on record.
In view of the subsequent developments that have taken place after filing the present Writ Petitions, nothing remains for adjudication and therefore the present Writ Petitions are dismissed having become infructuous.
Consequently, the miscellaneous petitions pending consideration if any in the Writ Petitions shall stand closed. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO
DATED 17TH SEPTEMBER, 2014. Msnro
Devineni Radha Rani and anr
K.Ramapullam Raju and ors
The Government of Andhra Pradesh, Rep. by its Chief Secretary to Municipal Administration, Secretariat, Hyderabad and ors.
A. RAMALINGESWARA RAO
As recorded by the court registry
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