D. Rangaiah, v. The Chief Engineer,

THE HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.15141 of 2009 ORDER:

The petitioner prays for the following relief:- "..... to issue a writ or order or direction more in the nature of writ of mandamus calling the impugned order issued by the respondent No.2 vide his proceedings No.AB/A2/240M dated 9.4.2009 allotting quarter No.A/32 to the third party and declare the same as illegal, arbitrary and consequently requiring the petitioner to vacate the said quarter as illegal, arbitrary and violative of Articles 14 and 16 of the Constitution of India, besides being violative of principles of natural justice and the instructions issued by the State Government on the subject from time to time; while issuing a consequential direction to the respondents to continue the petitioner in Quarter No.

A/32 at Nagarjuna Sagar Canal Project Quarters, Miryalaguda, Nalgonda District till the State Government take a final decision on the issue of allotment of Quarters to the employees of the Nagarjunasagar Canal Project, Miryalaguda including retired employees on permanent basis in the interest of justice..." The 2nd respondent filed counter affidavit and the relevant portion reads thus:- "I am the 2nd respondent herein as such I am well acquainted with the fact of the case. I am deposing this case on behalf of all other 1, 3 & 4 respondents. I have read the affidavit filed by the petitioner in support of Writ Petition and I hereby deny all the allegations/averments made therein except those that are specifically admitted hereunder: It is to submit that, Sri K.Ramachander, (4th respondent) Typist, O/o.

the Assistant Director of Agriculture, Miryalaguda to whom Quarter No.A/32 has been allotted vide office Proceedings No.AB/A2/240 M, dated 09.04.

objection, if Sri D.Rangaiah, Retired Work Inspector i.e. the petitioner (original allottee) continues as occupant/allottee in Quarter No.32 in NSC Camp colony, Miryalaguda. Accordingly, the Dy. Executive Engineer, NSC O&M Sub-division, Miryalaguda Incharge of NSC Camp colony, Miryalaguda in his Letter No.DEE/892, dated 26.08.2009 reported that, Sri K.Ramachander, Typist has vacated Quarter No.A/32 and petitioner occupied the said Quarter and possession and same was also confirmed by the Camp Section Officer on the inspection on 26.08.2009. In view of the vacation of the Quarter No.A/32 by Sri K.Ramachander, Typist and occupied by the original allotee Sri D.Rangaiah, Petitioner, and got confirmed by the NSP Camp authorities, further cause of action does not survive and therefore writ petition is liable to be dismissed." From the above, it is clear that the grievance of petitioner is redressed by the respondents themselves. Having regard to the stand taken in the counter affidavit, no further order is necessary in the writ petition.

Accordingly, the writ petition is closed. No order as to costs. Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

_____________ S. V. BHATT, J Dt: 01-07-2016 Prv

THE HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.15141 of 2009

01-07-2016 Prv