Writ petition seeking mandamus to declare mobile tower construction illegal was dismissed for non-prosecution as the petitioner failed to appear on the listing dates.
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THE HON’BLE SRI JUSTICE C. PRAVEEN KUMAR
WRIT PETITION No.26570 OF 2012
ORDER:
The present Writ Petition came to be filed seeking issuance of writ of mandamus declaring the action of respondents 1 and 2 in permitting the respondents 3 and 4 in erecting the Mobile Telephone Tower in Sy.No.161-1A/B, situated at Degapudi village, Podalakur Mandal, S.P.S.R., Nellore Distict belonging to the 3rd respondent as illegal and arbitrary and consequently to direct the respondents 1 and 2 to stop the erection of Mobile Telephone Tower in the residential area and dismantle the constructed portion in the above said survey number.
2. As there was no representation on behalf of the petitioner on 18.01.2016 the matter was directed to be listed today under the caption ‘for dismissal’. Even today when the matter is called, there is no representation on behalf of the petitioner either in the morning session or in the afternoon session. It appears that the petitioner is not interested in prosecuting the case.
3. Hence, the Writ Petition is dismissed for non-prosecution. Consequently, Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs.
_______________________ JUSTICE C. PRAVEEN KUMAR
Date:20.01.2016 INL
Petitioner
Respondents 1 and 2
Respondents 3 and 4
C. PRABAL KUMAR
As recorded by the court registry
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