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High Court for State of TelanganaWP/28342/2012dismissed no costs

M/S Sri Lakshmi Srinivasa Stone Crushers, v. The Govt. Of A.P.Rep.By Its Secretary,

2015-06-11Sanjay Kumar3 pages

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.28342 of 2012 Date:11.06.2015 Between:

M/s. Sri Lakshmi Srinivasa Stone Crushers, Represented by its Proprietor, B.Sunil Kumar Reedy. .... Petitioner And The Government of A.P., rep. By its Secretary Revenue Department, Hyderabad and others.

... Respondents

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.28342 of 2012 ORDER:

The petitioner was aggrieved by the action of the respondent authorities in permitting the 7th respondent to install machinery in the Government land in Survey No.496 of Pachikapallam Village, Vedurukuppam Mandal, Chittoor District. By order dated 11.09.2012, this Court directed the

7th respondent not to install the machinery in the Government land till disposal of the writ petition. W.V.M.P.No.4276 of 2012 was filed by the respondent authorities to vacate the said order. However, in the light of the averments made therein, this Court is of the opinion that the writ petition itself can be disposed of. The petitioner and the 7th respondent are both stone crushers. The grievance of the petitioner is that installation of the stone crushing unit by the 7th respondent in the Government land in question would adversely affect it. However, this contention is shown to be without basis in the light of the averments made by the Tahsildar, Vedurukuppam Mandal, Chittoor District, in para 4 of the counter affidavit.

He stated therein that the distance between the leased area of the petitioner and the place where the 7th respondent proposes to install his crushing unit is more than sufficient. He further stated that the 7th respondent had followed all the rules and regulations prescribed in this regard and had obtained necessary permissions. In that view of the matter, this Court is of the opinion that the petitioner's apprehensions as to the installation of the stone crushing unit of the 7th respondent is without basis. As long as the 7th respondent maintains the distances mentioned by the Tahasildar in his counter-affidavit, the petitioner can have no grievance. The writ petition is therefore dismissed.

Pending Miscellaneous Petitions shall also stand dismissed. No order as to costs.

____________________ SANJAY KUMAR, J Date: 11.06.2015 GJ