Telangana High Court

WP/39570/2012 of P.Appala Swamy Vs AP TRANSCO on 28 December 2012

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R. SUBHASH REDDY WRIT PETITION No.39570 OF 2012 ORDER: This Writ Petition is filed seeking a direction by way of mandamus to declare the action of the respondents, in taking steps for construction of 33/11 KV Sub-Station opposite to Saradhamba Temple covered by Survey No.211/3 at Suryaraopet,

HON’BLE SRI JUSTICE R. SUBHASH REDDY

WRIT PETITION No.39570 OF 2012

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ORDER:

This Writ Petition is filed seeking a direction by way ofmandamus to declare the action of the respondents, in taking steps forconstruction of 33/11 KV Sub-Station opposite to Saradhamba Templecovered by Survey No.211/3 at Suryaraopet, Kakinada, East GodavariDistrict, as per proceedings in Ref.E2/4676/2011, dated 25.12.2011,issued by respondent No.4, as illegal and arbitrary.

It is the case of the petitioner that he is a resident of KakinadaTown having property at Suryaraopet near Saradhamba Temple andhe is also residing in that area. Earlier, land admeasuring Ac.0-31cents covered by Survey No.211/3, which is opposite to SaradhambaTemple at Suryaraopet, Kakinada, was allotted for construction of33/11 KV Sub-Station, but on the representation of the petitioner andothers, it was cancelled and the land admeasuring 968 Square Yardscovered by Survey No.211/17 was allotted in the same area.

In this Writ Petition, it is the grievance of the petitioner that inspite of cancellation of allotment of land in Survey No.211/3, therespondents are taking steps to construct 33/11 KV Sub-Station in theland covered by Survey No.211/3.

On instructions, it is submitted by the learned Standing Counselthat the construction of 33/11 KV Sub-Station is being taking placeonly in the land allotted to the respondents covered by SurveyNo.211/17, but not in the land covered by Survey No.211/3. It is furtherstated that the petitioner is not having any property near bySaradhamba Temple and is trying to encroach the properties byobtaining an order from this Court.

Heard learned counsel appearing for the parties and perused theaffidavit filed in support of the Writ Petition.

Except stating that the petitioner owns property nearSaradhamba Temple and residing in that area, he has not given anyparticulars of the property owned by him. In any event, as it issubmitted by the learned Standing Counsel that 33/11 KV Sub-Stationis being constructed in the land admeasuring 968 Square Yardscovered by Survey No.211/17, it is not possible to decide in this WritPetition the claim of the petitioner.

In that view of the matter, for the aforesaid reasons and furtheras the petitioner has not shown the cause of action for filing the WritPetition and he has also not given any particulars of the propertyowned by him, I do not find any merit in this Writ Petition.

Subject to the above observations, the Writ Petition isdismissed. Miscellaneous Petitions, if any, pending in this Writ Petitionshall stand closed. No costs.

December 28, 2012MD

________________________

R. SUBHASH REDDY, J

HON’BLE SRI JUSTICE R. SUBHASH REDDY

MD

WRIT PETITION No.39570 OF 2012

December 28, 2012

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