HON’BLE SRI JUSTICE N.V. RAMANA W.P. No. 81 of 2009 DATED: 24.09.2009 Between: Ch.Venkateshwara Rao .. Petitioner And The Executive Engineer, R & B Division, Karimnagar and others. .. Respondents ORDER: The petitioner claims to be the owner of the land situated in Survey Nos.516 and 518 of Sircilla Village, Karimnagar District. He states that the first respondent has proposed to lay a bye pass road in the land adjacent to the said land. It is his grievance that the third respondent, which is a Toddy Tapers Association, without obtaining permission from the second respondent-Municipality, is raising a structure (purportedly a religious structure) in the land where the first respondent has proposed to lay bye pass road, with an intention to avoid acquisition of its land for the purpose of laying bye-pass road, which may result in acquisition of the land of the petitioner. He also states that vide letter, dated 09.07.2008, the first respondent has requested the second respondent to stop the construction work by the third respondent till the finalisation of alignment and boundary peg marking of the proposed bye-pass road. However, as the second respondent has failed to stop the construction work carried on by the third respondent and the third respondent is going to complete the construction work, he filed the present writ petition seeking appropriate directions in this regard. This Court on 21.01.2009, since no counter affidavit is filed in the mater in spite of granting sufficient time, while issuing Rule nisi, directed the parties to maintain status quo, until further orders. Thereafter, the third respondent filed W.V.M.P.No.860 of 2009, along with counter, seeking to vacate the said interim order, dated 21.01.2009, passed by this Court in W.P.M.P.No.80 of 2009. In the counter affidavit, the third respondent has categorically denied the allegations made by the petitioner in the affidavit filed in support of the writ petition. It is stated that the third respondent- Association is the absolute owner and possessor of the land to an extent of Acs.2.20 gts in Survey No.517of Sircilla Village and Mandal, having purchased the same under a registered sale deed. It is also stated that it has proposed to construct Renuka Yellamma Devaalayam in the said land and after detailed examination of the proposals submitted by it, the Commissioner of Endowments, Hyderabad vide proceedings, dated 02.04.2008, has accorded administrative and technical sanctions for construction of the temple in the said land. It is further stated in the counter filed by the third respondent that though initially the first respondent vide letter, dated 09.07.2008, has requested the second respondent to stop the construction carried on by the third respondent-Association, later on, basing on the report of Assistant Executive Engineer (R&B), dropped the same vide, letter dated 22.01.2009, clarifying to the effect that the construction of Renuka Yellamma Devalyam is on the side of the road and it is not going to affect in any way the proposed bye-pass road. It also stated that in view of the status quo order granted by this Court, the third respondent is unable to carry on the construction work. Similarly, the first respondent also filed his counter denying the allegations made by the petitioner. In para-6 thereof, it is stated as under: “In reply to para 2, 3 & 4 of the writ affidavit it is submitted that the lands of the petitioner situated in Survey No.s516 and 518 of Sircilla Village, Karimanagar District are not falling within the bye pass road alignment and not required for formation of the bye pass road and not proposed for acquiring the said lands. The 1st respondent addressed a letter to the 2nd respondent to stop the construction till the finalisation of the bye pass road alignment and boundary peg marking of the bye pass road vide letter No.R&B/BD/T5/EEK/2008-09 dated 09.07.2008. It is understood that basing on the said letter the 2nd respondent had requested the 3rd respondent to stop the further constructions and 3rd respondent stopped the constructions. Thereafter finally alignment survey of the bye pass road was completed on 30.10.2008 and it is found that the land where the construction of the temple is in progress is not required for the formation of the bye pass road and construction falls at the side of the road boundary line, hence not required for formation of the bye pass road. The land where the construction of the temple is in Survey No.517 of Sircilla Village and no part of the land is required in the said survey number for formation of the bye pass road and not recommended for acquisition of the land.” At this stage, it is submitted by the learned counsel for the petitioner that in view of the stand taken by the first respondent in his counter that the land of the petitioner situated in Survey Nos.516 and 518 of Sircilla Village, Karimnagar District is not falling within the bye-pass road alignment and not required for formation of the bye-pass road, the petitioner has no grievance and sought to close the writ petition. Having regard to the facts and circumstances of the case, the writ petition is closed placing on record the submission made by the first respondent in his counter. No costs. The interim order, dated 21.01.2009, granted by this Court in W.P.M.P.No. 80 of 2009, shall stand dissolved. __________________ N.V. RAMANA, J Dt.24.09.2009 VGB