HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.21360 of 2007 Date : 30-6-2011 Between: Patnala Chandramouleswara Rao .. Petitioner And The Superintending Engineer, R&B Circle, Srikakulam and others .. Respondents Counsel for petitioner : Sri A.Rama Rao Counsel for respondents : A.G.P. for Roads & Buildings The Court made the following: ORDER: At the Interlocutory stage, the Writ Petition is taken up for hearing and disposal with the consent of the learned counsel for the parties. This Writ Petition is filed for a mandamus to declare the inaction of respondent Nos.1 and 2 in implementing the orders of respondent No.3 with respect to the proposed road widening by demolition of the petitioner’s building bearing Door No.11-5-12, Kalinga Road, Srikakulam, as illegal and arbitrary. The relief claimed in this Writ Petition is based on the undated proceedings of respondent No.3 addressed to the petitioner, with the direction to respondent No.2 to shift the road alignment to an extent of 3 feet tentatively to avoid the building of the petitioner being affected for the purpose of widening of the road and construction of drainage. In the counter-affidavit filed by respondent No.1 it is inter alia stated that after the impugned proceedings were issued by respondent No.3, he has issued another proceedings dated 13-3-2007 directing respondent No.2 to take into consideration the alignment and reduce the width of the drain by 6 inches. It is further averred that on the directions issued by respondent No.3, a committee was constituted comprising the Municipal Commissioner, the Revenue Divisional Officer and the Executive Engineer, which submitted a report on 15-6-2007 and that as per the said report the drains shall be constructed within the building by putting the drain body walls (super structure) in order to see that the building of the petitioner is not affected. It is further averred that the said report was given effect to and the work was accordingly executed and completed without disturbing the petitioner’s building. No reply affidavit is filed controverting the above averments contained in the counter-affidavit. Since the drainage has already been constructed in pursuance of the subsequent decision taken by respondent No.3, no relief as prayed for in this Writ Petition can be granted. The Writ Petition is accordingly dismissed. As a sequel, interim order dated 6-11-2007 is vacated and WPMP No.27716/2007 and WVMP No.497/2008 are disposed of as infructuous. ________________________ Justice C.V. Nagarjuna Reddy Date : 30-6-2011 AM