Smt. Aneez Khatoon And 5 ORS v. Revenue Dept Hyd And 4 ORS

THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY WRIT PETITION No.6413 of 2003 ORDER:

This writ petition is filed seeking writ of Mandamus declaring the G.O.Ms.No.46 MA & UD Department, dated 15-02-1974 as being illegal, arbitrary and violative of Article 14 of the Constitution of India and consequently direct the respondents 1 to 4 to protect the property covered under G.O.Ms.No.46 and the plan attached thereto by injuncting the 5th respondent from making any constructions or alienations of the land covered under G.O.Ms.No.46 together with master plan.

On 25-08-2015, this Court ordered substitute service of notice on 5th respondent by way of paper publication but the same has not been complied with. Today, when the matter is called it is reported by the learned counsel for the petitioner that no amendment application is filed for impleading Nizamabad Municipal Corporation.

Since no notice was served on 5th respondent from 2003 onwards and Municipal Corporation is also not made as party it appears that the petitioner is not interested to prosecute the matter.

In view of the above reasons, the writ petition is dismissed. There shall be no order as to costs.

The Miscellaneous Petitions, if any, pending in the Writ Petition shall stand closed.

____________________________ A. RAJASHEKER REDDY, J

September 21, 2015 Pn THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY WRIT PETITION No.6413 of 2003 September 21, 2015 Pn