IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINETH DAY OF JUNE TWO THOUSAND AND NINE PRESENT HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.13703 of 2004 Between : The Vijayawada Wholesale (Cloth) Shop Employees Union Cooperative Building Society Ltd, Retd. No, G-2572, Rep. by its President Sri T. Ramachandra Rao S/o Venkateswara Rao, Hindu, Aged 49 yrs, R/o 240-B, Vastralatha, Vijayawada - 520 001. ..... PETITIONER AND 1 The District Collecor (PW), Krishna District, Machilipatnam. 2 Vijayawada Guntur Tenali Mangalagiri Urban Development Authority, Rep. by its Vice Chairman, Governorpet, Vijayawada. 3 The Executive Engineer, Gollapudi Gram Panchayat Gollapudi, Vijayawada Rural Mandal, Krishna District. 4 The Divisional Electrical Engineer (Operations) Town APSPDCL, Vijayawada. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate writ, order or direction, particularly one in the nature of a Writ of Mandamus, declaring the Proceedings Roc No. 1078 of 2004 , Pts. 6 dated 25-5-2004 issued by the 1st respondent, as illegal and ultra vires the provisions of Articles 14 and 21 of the Constitution of India. Counsel for the Petitioner : MR.V.S.R.ANJANEYALU Counsel for the Respondents : O.MANOHAR REDDY(SC FOR APTRANSCO) The Court made the following : ORDER : In this writ petition, the petitioner has questioned the validity of the Proceedings, dated 25.05.2004, issued in Roc.No.1078/2004, by the District Collector, Krishna District at Machilipatnam. 2. By the aforesaid order, the 1st respondent/Collector has granted permission for construction of 33/11 K.V. Sub- station in the site situated in Survey Nos.186, 556 and 91/3 of Gollapudi Grampanchayat of Vijayawada (Rural) Mandal. 3. In the counter affidavit filed on behalf of the respondents, it is stated that as there was pressing need for construction of Sub-station, the SPSPDCL has allotted alternative site in Survey No.17/3, and the Sub-station has already been constructed. Further, it is stated that in view of the construction already made in Survey No.17/3, respondents are not intending to make any constructions in Survey Nos.186, 556 and 91/3 of Gollapudi Grampanchayat. 4. In view of the averments made in the counter affidavit, there is no need to adjudicate the validity of the impugned order, dated 25.05.2004. Placing on record the averments made in the counter affidavit that there is no need to take up constructions in Survey Nos.186, 556 and 91/3, this writ petition is closed. No order as to costs. _____________________ R.SUBHASH REDDY, J 29th June 2009 ajr