A writ petition seeking to prevent illegal construction on a specific piece of land may be closed if the respondents provide evidence that the construction is occurring on a different plot of land.

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a writ, order or direction more particularly one in the nature in WRIT of MANDAMUS to declare the action of the Respondents in not taking any steps to protect the Water Tank and trying to make construct the waste garbage dumping yard in the water tank situated in Sy No 119-11 in an extent of Ac 3.76 cents of Kesavarayunipalem Village, Laveru Mandal, Srikakulam District and failed to conserve the water tank which is highly illegal, unjust, arbitrary and contrary to law and violations of Principles of Natural Justice and contrary Articles 300-A, Articles 48-A, 51- (A)14 and 21 of Constitution of India and consequently direct the Respondents not to make any construction of waste garbage dumping yard in water tank situated in Sy No 119-11 in an extent of Ac 3.76 cents of Kesavarayunipalem Village, Laveru Mandal, Srikakulam District and conserve the water tank and pass such other order or orders as this Hon'ble Court may deems just fit and proper in facts and circumstances of case to meet the ends of justice.

IA NO: 1 OF 2022

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the Respondents not to make any constructions in water tank more particularly construction of waste garbage dumping yard in water tank situated in Sy No 119-11 in an extent of Ac 3.76 cents of Kesavarayunipalem Village, Laveru Mandal, Srikakulam District and pass such other order or orders as this Hon'ble Court may deems just and proper in facts and circumstances of case to meet the ends of justice.

The Court made the following:

ORDER

To declare the action of the respondents in not taking any steps to protect the water tank and trying to construct the waste garbage dumping yard in the water tank situated in Sy.No.119-11 in an extent of Ac.3.76 cents of Kesavarayunipalem Village, Laveru Mandal, Srikakulam District and failed to conserve the water tank which is illegal and arbitrary, the present writ petition is filed.

2. Learned counsel for the petitioner submitted that the subject land is classified as water tank and the respondents are trying to construct the waste garbage dumping yard in the subject land.

3. Learned Assistant Government Pleader for Revenue submitted that they are not constructing any garbage as alleged by the petitioner in the subject land.

4. In view of the instructions placed on record, the garbage has been constructing in Sy.No.185-4 of Kesavarayunipalem Village, but not in the subject place as alleged by the petitioner. In view of the same, nothing remains for adjudication in the present case, the writ petition is liable to be closed.

5. Accordingly, the Writ Petition is closed.

There shall be no order as to costs.

As a sequel, miscellaneous applications, pending if any, shall stand closed.