APHC010458602014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

FRIDAY ,THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 36364/2014 Between:

Mr. Boddu Yohan, Vijayawada, & Anr. and Others ...PETITIONER(S)

AND Vmc Vijayawada 2 Otrs and Others ...RESPONDENT(S)

Counsel for the Petitioner(S):

1. P NAGENDRA REDDY Counsel for the Respondent(S):

1. T S VENKATARAMANA

2. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP)

3. A SRINIVAS The Court made the following:

ORDER

This Writ Petition is filed by the petitioners, under Article 226 of the Constitution of India seeking Mandamus, for the following relief:

“… to issue Writ order or direction more particularly one in the nature of WRIT OF MANDAMUS to declare the delay and inaction on the part of the respondent No.1 in preventing the respondent Nos.2 and 3 or some others from making illegal construction of commercial building in Sy No.440/B, All Saints Church, Bishop Hazaraiah Girls High School compound, Municipal Stadium road, Vijayawada under the guise of the permission obtained for construction of the church building by demolishing the old church building and also furnishing the wrong house number for demolishing the church building and without demolishing the church building and without constructing the new church building in the same spot of old church building and thereby proceedings with construction of commercial building as arbitrary, illegal and contrary to the provisions under the Municipal Corporation Act and consequently direct the 1^st respondent to initiate appropriate action preventing the illegal construction of the commercial building in Sy.No.440/B, All Saints Church, Bishop Hazaraiah Girls High School compound, Municipal Stadium road, Vijayawada…”

2. Today when the matter came up for hearing, Sri ASC Bose, learned Standing Counsel, has furnished a copy of instructions of respondent No.1 dated 02.01.2025, wherein it is stated that the Corporation has granted permission to respondent Nos.2 and 3 vide B.A.No.256/14 dated 19.07.2014 for construction of All Saints Church on the premises of Rishon Hazaraiah Girls High School, replacing the existing old church at Bishop Hazaraiah Girls High School Premises basing on the documents submitted by them after due inspection only. It is further stated that however, the construction has not commenced and the old church remains intact even as on today.

3. Recording the said submissions, this Court is of the opinion that cause would not survive for further adjudication.

4. Accordingly, the Writ Petition is dismissed as infructuous. No order as to costs.

Consequently miscellaneous applications pending, if any, in the Writ Petition, shall also stand closed.

___________________ JUSTICE V.SUJATHA

Date : 03.01.2025

JLV