IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 670 of 2009 Between: K. Appa Rao, S/o. somayya, R/o. Devarapalli Village and Mandal, West Godavari District. ..... PETITIONER AND 1 The A.P.E.P.D.C.L., Rep. by its Managing director, Visakhapatnam. 2 The District Collector (Panchayat Raj Wing), West Godavari District, Eluru. 3 The Divisional Engineer (Operations) A.P.E.P.D.C.L., Nedadavol, West Godavari Dsitrict. 4 The Devarapalli Gram Panchayat, Rep. by its Secretary, Devarapalli Mandal, W.G.District. 5 The Ramannapalem Gram Panchayat, Rep. by its Secretary, Devarapalli Mandal, W.G.District. 6 The Tahsildar, Devarapally Mandal, Devarapalli, W.G.District. .....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 a writ of mandamus or any other writ, order or direction, a) declaring the Resolution No.228, dated 18-2-2006 passed by the 5th Respondent in alienating the tank an extent of Ac.0.50 cents in Venkatayapalem Kunta (Public Tank) of Kothagudem Village, H/o. Devarapally Village and Mandal, West Godavari District as illegal, arbitrary and contrary to Law and contrary to environmental protection and ecological balance and in violation of Section 80(3) of the A.P. Panchayat Raj Act.; b) declaring the action of the Respondents 1 and 3 in constructing the power sub-station in the Venkatayapalem Kunta (Public Water Tank) in R.S.No.410 of Kothagudem Village, H/o. Devarapally Village, West Godavari District, as illegal, arbitrary and violation of Article 14 and 21 of constitution of India and contrary to the Board Standing Order Nos.14 and 15; and c) further order the Respondents 1, 2, 3, 4 and 6 herein to remove the existing structures being carried out by the Respondent No.1 in R.S.No.410 of Venkatayapalem Kunta (Public Tank), Kothagudem Village, H/o. Devarapally Village and Mandal, West Godavari District duly restoring the earlier existing part of the water tank. Counsel for the Petitioner: MR. Y. V. SRINIVASAN Counsel for the Respondent Nos.1 and 3: MR. O.MANOHAR REDDY Counsel for the Respondent No.2: G.P. FOR PANCHAYAT RAJ Counsel for the Respondent Nos.4 and 5: MR. M. PRABHAKARA RAO Counsel for the Respondent No.6: G.P. FOR REVENUE The Court made the following : ORDER: (per the Hon’ble the Chief Justice Sri Anil R. Dave) Learned Advocate for the petitioner has submitted that he has received instructions from the petitioner that the structure in question has already been demolished. He has also placed on record two photographs showing the above fact. The aforestated fact could not be denied by Sri O. Manohar Reddy, learned Advocate appearing for respondent Nos.1 and 3. In the circumstances, the grievance ventilated in the petition does not survive and therefore the petition stands disposed of with no order as to costs. ______________ ANIL R. DAVE, CJ ______________________ RAMESH RANGANATHAN, J 23.7.2009 bnr