Sri M. Muralidhar Naidu v. Gudur Municipality

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.7271 OF 2016

O R D E R

The prayer of the petitioner in this case is as under: 'Issue a writ order or direction more particularly in the nature of writ of mandamus declaring the illegal action of the respondents issuing ROC.No.1546/2013/E1 dated 21-12-2015 and ROC.No.1546/2013/E1 dated 21-12-2015 and Lr.No.GDR/SCSP/ TSP/2014/E1 dated 21-12-2015 and taking decision to the cancel various works on the ground not starting of works is illegal, arbitrary and violation of Article 14,19 and 21 of the Indian Constitution consequently direct the respondents not to cancel the works of plan grant, non plan grant and SCSP/TSP/2013-14 of Gudur municipality for construction of C.C. Drains and roads at various places in Gudur municipality for the year 2013-14 and construction of C.C. Drains and roads at various places in Gudur municipality for the year 2013-14 and providing C.

C. Roads/Drains before removal of encroachments and entering agreement with the petitioner and pass such order or orders which ever this Hon'ble Court may deem fit and proper.' The proceedings impugned in the present writ petition are in the nature of show-cause notices and the consequential direction sought by the petitioner was that the respondent authorities should not cancel the works allotted to him.

While so, Sri Mohd. Saleem, learned standing counsel for the respondent Gudur Municipality, produced a copy of the proceedings dated 07.01.2016 whereunder 44 works allotted to the petitioner were cancelled.

Sri Kuna Reddy Anji Reddy, learned counsel for the petitioner, would however seek to challenge the cancellation in the present writ petition on the ground that the proceeding number in the cancellation proceedings is the same as in the show-cause notices. This Court is however not inclined to accept this submission. The cancellation effected under the proceedings dated 07.01.2016 is not under challenge

before this Court. That being so, this Court cannot examine the validity thereof in the present writ petition.

The writ petition is accordingly dismissed. This order shall however not preclude the petitioner from working out his remedies against the proceedings dated 07.01.2016 in accordance with law. Pending miscellaneous petitions shall also stand dismissed. No order as to costs.

______________________ SANJAY KUMAR, J 18th MARCH, 2016 Svv