Muppavarapu Nirmal Lakshmi Ganesh Babu v. Vijayawada-Guntur-Tenali-Mangalagiri Urban Development

HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY W.P No. 11274 OF 2012 ORDER :

This writ petition is filed seeking writ of mandamus declaring the action of the respondents 1 and 2 in purporting to give construction permission for extension of the hospital in favour of 3rd respondent in an extent of Ac.1.57 cents in Survey No.256/3, Door No.8-102 of Kanuru Village, Penamaluru Mandal, Krishna District, without considering the objections raised by the petitioner in his representations dated 17.09.2011 and 03.04.2012 and to declare the same as illegal and arbitrary and consequently to direct the respondents 1 and 2 to dispose of the representations of the petitioner in accordance with law.

2. Counter is filed by the 3rd respondent stating that construction permission for expansion of hospital in favour of 3rd respondent has been granted vide proceedings dated 08.12.2011 even before filing of the present writ petition.

3. Heard Ms.K.Kalpana, learned counsel for the petitioner as well as Smt. K.Mani Deepika, learned Standing Counsel for the first respondent, S r i Ravi Cheemalapati, learned Standing Counsel for the second respondent as well as Sri M.V.S.Suresh Kumar, learned counsel for the 3rd respondent.

4.

Smt. K.Mani Deepika, learned Standing Counsel for the first respondent submits that the construction permission has been granted in favour of the 3rd respondent and that 3rd respondent has completed the construction.

Since permission in favour of 3rd respondent has already been granted and construction is complete, the cause in the writ petition does not survive for adjudication.

Accordingly, writ petition is dismissed. However, it is open for

the petitioner to challenge the proceedings dated 08.12.2011 in accordance with law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any pending in this writ petition, shall stand dismissed.

_________________________ A.RAJASHEKER REDDY, J 22.06.2015.

KVS HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY

W.P.No.11274 OF 2012 Date: 22-06-2015 KVS