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High Court for State of TelanganaWP/8016/2016dismissed

M. Ramalingeswara Vara Prasad Rao, v. The District Panchayat Officer,

2018-05-01T.Sunil Chowdary2 pages

THE HON'BLE SRI JUSTICE T. SUNIL CHOWDARY WRIT PETITION No.8016 of 2016 ORDER:

This Writ Petition is filed under Article 226 of the Constitution of India seeking a Writ of Mandamus declaring the action of the respondents in not installing the high power electric transformer in the land of the petitioner situated in Survey No.871 of Thondangi Village and Mandal, East Godavari District, as illegal and arbitrary.

2.

Heard the learned counsel for the petitioner and the learned Standing Counsel for A.P.E.P.D.C.L. representing respondent Nos.9 to 11.

3.

It is the case of the petitioner that he owned agricultural land in Survey No.871 of Thondangi Village and Mandal, East Godavari District. The grievance of the petitioner is that respondent Nos.9 to 11 made a proposal to install transformer in his land without following due process of law. 4.

Respondent No.11 filed counter. In order to appreciate the rival contentions, it is not out of place to extract hereunder para No.7 of the counter:

"7. It is submitted that in this connection, the Additional Assistant Engineer, Operation, Annavaram, will not provide the Proposed new Distribution Transformer in the private site belongs to Sri M.Ramalingeswara Vara Prasadarao of Davaipeta Village. The Distribution transformer will be provided in the Government approved land only."

5.

As per the averments made in the counter, the respondents decided to install the transformer in the Government approved land only.

6.

In view of the averments made in the counter, no further orders are necessary in this writ petition.

7.

Hence, the Writ Petition is closed. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

_________________________ T. SUNIL CHOWDARY, J Date: 01.05.2018 Ivd