Toleti Nageswara Rao, v. The State Of Andhra Pradesh,

HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.4207 of 2016 Date:10.02.2016 Between:

Toleti Nageswara Rao, S/o Suryanarayana and three others.

..... Petitioners And:

The State of A.P., reptd by its Principal Secretary, Panchayt Raj Department, Hyderabad, and four others.

.....Respondents Counsel for the Petitioners: Mr. S.Siva Bhami Reddy Counsel for Respondent Nos.1 & 3: AGP for Panchayat Raj (AP) Counsel for Respondent No.2: AGP for Revenue (AP) The Court made the following:

ORDER:

This Writ Petition is filed for the following substantive relief:

".... to issue a Writ of Mandamus declaring the action of respondent Nos.1 to 4 in not considering the representation of the

petitioners and allowing respondent No.5 to erect a cell tower in R.S.No.82/25 in an extent of Ac.0.25 cents in K.Enugupally Village, P.Gannavaram Mandal, East Godavari District, which is adjacent to Bangarupapa Devasthanam, which is adjacent to the Zilla Parishad Primary School, K.Enugupally, as illegal, arbitrary and contrary to G.O.Ms.No.75, Panchayat Raj & Rural Development (PTS.III) Department, dated 297.2015 and consequently, to direct the official respondents to stall the erection of cell tower."

At the hearing, Mr. S.Siva Bhami Reddy, learned counsel for the petitioners, requested for permission of the Court to withdraw the Writ Petition with liberty to his clients to pursue with respondent Nos.1 to 4. Accordingly, the Writ Petition is dismissed as withdrawn with liberty to the petitioners in terms of the prayer made.

As a sequel to dismissal of the Writ Petition, W.P.M.P.No.5397 of 2016 shall stand dismissed as infructuous.

____________________________ JUSTICE C.V.NAGARJUNA REDDY 10th February, 2016 DR