K.Gopinath Raju v. The District Collector, Srikakulam ,Srikakulam District

THE HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN Writ Petition No.24615 of 2009 ORDER:

This writ petition is filed seeking a mandamus to declare the action of the respondents, in taking steps for construction of a new school building in Survey No.28 on the ground that the land belongs to the petitioner, as arbitrary and illegal. A consequential direction is sought to the respondents not to construct a new school building in Survey No.28 of Sobhanadhapuram Village, Kotturu Mandal, Srikakulam District.

Learned Government Pleader for School Education would refer to paragraph 3 of the writ affidavit wherein the petitioner himself admitted that the subject land was a Government poramboke land; and he was using the said land.

Though the Writ Petition was admitted on 26.04.2010, no interim order was passed therein. The learned Government Pleader for School Education states that, consequently, a school building has since been constructed on the subject land. It is evident, therefore, that the cause in the Writ Petition does not survive necessitating any further adjudication by this Court.

The Writ Petition fails and is, accordingly, dismissed.

Miscellaneous Petitions pending, if any, shall also stand dismissed. There shall be no order as to costs.

_________________________________ (RAMESH RANGANATHAN, ACJ) 15th September, 2017 JSU

THE HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN Writ Petition No.24615 of 2009 Date: 15.09.2017 JSU