N. Ramesh Babu v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH * * * * WRIT PETITION No.7974 OF 2012 Between:

N.Ramesh Babu.

.. Petitioner And The District Collector, Nellore, S.P.S.R. Nellore District and others.

.. Respondents DATE OF JUDGMENT PRONOUNCED: 05-08-2015 SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE SANJAY KUMAR

1. Whether Reporters of Local newspapers Yes/No may be allowed to see the Judgment?

2. Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals

3. Whether Their Lordship wish to see the fair copy of the Judgment? Yes/No

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.7974 of 2012 ORDER:

The petitioner was granted a quarry lease in respect of Road Metal, Building Stone, Aggregate Boulders and Gravel over a certain extent of land in Odur Village, Chillakur Mandal, S.P.S.R. Nellore District. While so, the 4th respondent herein filed W.P.No.563 of 2012 before this Court challenging the grant of the said quarry lease. Though no interim orders were granted by this Court in the said writ petition, the Tahsildar, Chillakur Mandal, the 2nd respondent, issued the impugned proceedings dated 06.03.2012 calling upon the petitioner to stop his quarrying operations owing to the filing of the said writ petition. In the impugned proceedings, the writ petition filed by the 4th respondent was wrongly shown as W.P.No.562 of 2012 instead of W.P.No.563 of 2012.

Taking note of the fact that no interim orders were passed by this Court in W.P.No.563 of 2012, this Court granted interim suspension of the impugned proceedings dated 06.03.2012 on 22.03.2012.

Sri K.Koteshwara Rao, learned counsel for the petitioner, informed this Court that the 4th respondent subsequently withdrew W.P.No.563 of 2012 filed by him. A copy of the order dated 13.06.2012 passed by this Court in W.P.No.563 of 2012 is placed on record and confirms this aspect.

As the only reason for the 2nd respondent to issue the impugned proceedings dated 06.03.2012 was the pendency of W.P.No.563 of 2012 before this Court and as the said writ petition now stands dismissed as withdrawn, the impugned proceedings cease to hold water.

The writ petition is accordingly allowed.

The impugned

proceedings dated 06.03.2012 are set aside.

Pending Miscellaneous Petitions, if any, shall stand closed in the light of this final order. No order as to costs. ____________________ SANJAY KUMAR, J Date:05.08.2015 GJ