THEE'; Wm' PETXTION COMING ON FGR 1%£é'e1i1:i§¢i"§12=.§ifi 4
HEARING THIS BAY, THE COURT MADE 'I'iri.3'?§__F§3%§3i;{Z§'v'+f_I£JG:'
enema X
The petitioner, an hoider for (if 48 * ii
cents of iand in sy. N'o.e5/ 3, a layout
of sites after nAeees?$aiyi"'«i§seiimission from the
competent authorities. water drain
passes 128:5 ft in length and 7
ft in Width iaeeig. maintenance leading
to liefiiiener to proviée a closed
drainage' syetem RCC hume pipes (spun pipes)
and ,aic<:ordii:g1y'seugI1t "permission of the Commissioner,
'i V. pf Citiéiiidf iiManga1c)re to instal RCC. heme pipes
measuring 854: if in length and 35'': ii in
dia;xieter._.ee:--.V_aie also tee enable the petitioner to form a mad
igby coveiing the said pipes, for ingress and aggmess to and
A "ii layout. The appiication (111. 5.2.2067 submitted on
i $2.200? along with sketch, it appears when considered by
u the Executive Engineer, issued an endorsement dt.
21.6.2007
permitting the request on certain terms and
9 ek
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the petitioner is before this court for a writ .
quash order (it. 13.6.2907 AnJ1exurr:;L_of 1&3)?’ ” ” ‘V
a writ of mandamus to restart: c1<_Js:=;é"1
fanned by the pafifioner by fiipég
(spun pipes) measuring 3% ft in
length each, cover the passing
through the schejcluie mgpozadents
to make': 30053 'V sufihived by the
petitioner
v§o':111sel for the petitioner
and Vthe.VVV_jjEVsa:fii§t;%n,V;_fs;;':'=airhat is discemable is that the
aiiegaizions ream; of fact fineiing after a full
and" ééfifiot be conveniently adjudicated upon
by eiizecting the parties to file afidavits.
'I.'I1r; fact_ asti Whether the petitioner committed breach of
__tx.=:rms conditions of the permission to lay hume pipes to
A ' _" closed water drain; whether there was breach of
' tégnns of undertaking; whether there was infact obsfiuction
u fies flow csfwater after the fixing of the hume pipes by the
petitioner, are matters of pure quetstimcls of fact which can be
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