Pendyala Pumping Scheme, Kanuru Canal Ayacut Small v. Deputy Director Of Fisheries, Eluru, West Godavari District

The Hon'ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.34720 of 2011 Dated 10.06.2015 Between:

Pendyala Pumping Scheme rep. by its President Sri Toomu Narayana Rao and 9 others ... Petitioners and Deputy Director of Fisheries, Eluru, WG.District and 4 others.

...Respondents

Counsel for the petitioners: None appeared Counsel for respondent No.1: GP for Fisheries Counsel for respondent Nos.2 to 4: GP for Revenue Counsel for respondent No.5: GP for Irrigation

The Court made the following:

Order:

This Writ Petition is filed for the following substantive relief: "to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus, declaring the inaction of the respondents in taking action against the unauthorized fish tanks in Kanuru and Kanuru Agraharam Village, Peravali Mandal, West Godavari District, which come under Pendyala Pumping Scheme, as totally arbitrary, illegal, and contrary to G.O.Ms.No.24, dated 9.4.2010, and G.O.Ms.No.67, dated 12.9.2011, and unconstitutional, being violative of Articles 14 and 21 of the Constitution of India and consequentially, direct the respondents to demolish the unauthorized fish tanks in Kanuru and Kanuru Agraharam Village, Peravali Mandal, West Godavari District."

A perusal of the proceeding sheet shows that this case was adjourned on 27-06-2013, 23-07-2013, 21-08-2013 and 26-092013 for non-representation. On 03-06-2015 also, when the case was called, there was no representation for the petitioners. Therefore, the case was directed to be posted under the capition "for dismissal" today. Even today, when the case is called, there is no representation for the petitioners.

The continuous non-representation of the petitioners at the hearing shows that they are not interested in pursuing their cause in the Writ Petition. Therefore, the Writ Petition is dismissed for nonprosecution. As a sequel to dismissal of the Writ Petition, interim order, dated 30-12-2011, is vacated and WPMP.No.43173 of 2011, filed by the petitioners for interim relief, is disposed of as infructuous. ______________________

(C.V.Nagarjuna Reddy, J) Dt: 10th June, 2015 LUR