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High Court for State of TelanganaWP/3747/2011dismissed as infructuous

Gummadi Sambasiva Rao v. The Government Of A.P Industries And Commerce And 4 Others

2017-12-15Ramesh Ranganathan2 pages

HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN WRIT PETITION NO.3747 OF 2011 ORDER:

The relief sought for in the Writ Petition is to direct the respondents to issue waybills for the period ending 31.03.2011 enabling the petitioner to quarry sand from Reach No.2, Godavaruu of Guntur District.

By an interlocutory order in WPMP No.4648 of 2011 dated 17.02.2011, this Court directed the respondents to issue way bills to the petitioner for removal of sand from the reach for which there is an existing lease in the petitioner's favour; however, if there are any proposals for determination, the respondents could take steps in accordance with law.

Learned Government Pleader for Industries and Mines would draw my attention to paragraph 8 of the counter-affidavit wherein it is stated that the petitioner had failed to pay the second year lease amount, and hence the security deposit was forfeited; and, in accordance with the order of this Court, way bills were already issued till expiry of the period i.e., 31.03.2011. As the relief sought for in the Writ Petition itself is to grant way bills till 31.03.2011, and in compliance with the interim order way bills were granted till 31.03.2011, it is evident that the cause in the Writ Petition does not survive necessitating any further adjudication by this Court.

The Writ Petition has become infructuous and is, accordingly, dismissed. The miscellaneous petitions pending, if any, shall stand closed. No costs.

________________________________ RAMESH RANGANATHAN, ACJ Date: 15.12.2017.

MRKR