WP/24938/2004 of Maharna Venkata Sarma Vs The Commissioner of Mincipal Corporation of on 30 December 2004

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

THURSDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE SRI DEVINDER GUPTA,THE CHIEF JUSTICE

and

THE HON'BLE MR JUSTICE M.NARAYANA REDDY

WRIT PETITION NO : 24938 of 2004

Between:

Maharna Venkata Sarma S/o.Prabhakara Rao 48-11-6/6, Sai Street, Currency Nagar,Vijayawada, Krishna Dist.

AND

..... PETITIONER

1 The Commissioner of Mincipal Corporation of Vijayawada,Krishna Dist.

2 The Executive Engineer-IV, (Drainage) Muncipal Corporation of Vijayawada, Patamata,Vijayawada, Krishn a Dist. Patamata,Vijayawada, Krishn a Dist.

.....RESPONDENT(S)

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleased toissue a Writ, order or direction more particularly one in the nature of writ ofmandamus, declaring the action taken by the respondents in proposing to erectsewage pumping station in the open space earmarked in LP No.13/83/VGT-UDA,situated at Currency Nagar, Gunadala, Vijayawada, and consequently restrain therespondents not to erect a sewage pumping station in the open space coveredunder LP.No.13/83/VGT-UDA and further directing the 1st respondent to develop thesaid open space as part.

Counsel for the Petitioner:MRS.S.SASIKALA

Counsel for the Respondent Nos.1 and 2: MR.T.S.VENKATA RAMANA

The Court at the admission stage made the following Oral Order: (per Sri This petition cannot be considered as “Public Interest Litigation”, since the petitionerhimself has stated that he is highly interested in the land in question being entitled touse it. Therefore, in case, petitioner has any grievance he has to seek his remedy inaccordance with law.

Learned Standing Counsel for the respondent-Corporation, however, states thatsimilar Writ Petition for similar relief, namely, Writ Petition No.24514 of 2004 wasdismissed after facts were brought on record.

Hence, this writ petition is also dismissed. No costs.

______________________

DEVINDER GUPTA, CJ

Date: 30[th] December, 2004

Pnb

_______________________

M. NARAYANA REDDY,J

To

1 The Commissioner of Municipal Corporation of Vijayawada, Krishna Dist.2 The Executive Engineer-IV, (Drainage) Municipal Corporation ofVijayawada, Patamata,Vijayawada, Krishn a Dist.

3. Two C.D. copies