B. Srinivasulu v. The District Collector And Magistrate,

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION NO.21061 OF 2012 ORDER:

This writ petition is filed challenging the construction of Model School in Sy.No.948 of Pebbair village and Mandal, Mahabubnagar District.

2. Though this Court vide order, dated 13-07-2012 restrained the 5th respondent from constructing Model School in Sy.No.948 of Pebbair village and Mandal, Mahabubnagar District, allowed it to go ahead with construction of Model School in Sy.No.937 as per the sanction. The said order was also vacated on 16-10-2012. In view of vacation of interim order, dated 13-07-2012 on 16-10-2012, the challenge to the construction of the Model School may not survive at this length of time and the learned counsel appearing for the petitioner also accepted the said position.

3. As per the counter-affidavit, it appears that sanction was granted for construction of Model School in Sy.No.937 admeasuring Ac.5.05 gts. Since the said land is covered by pits and bounders, which was not fit for construction, location was changed from Sy.No.937 to Sy.Nos.947 and 948 of the same village. Later on, the site was handed over and the construction work was under progress at the time of filing of vacate stay petition on 07-08-2012.

4. Taking into consideration that the interim order was vacated and in view of construction of Model School, nothing survives for adjudication in the present writ petition.

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

_______________________________ A.RAMALINGESWARA RAO, J DATED: 31-03-2016 Hsd