IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTIETH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 29138 of 2008 Between: 1 Ratanlal Agarwal, S/o. Late Matadin Agarwal, R/o. Flat No. G8, G9, Vaishnavi Apartment, West Maredpally, Secunderabad. 2 Motilal Agarwal, S/o. Late Matadin Agarwal, R/o. 202, Sigma Arcade, New Nallakunta, Hyderabad. 3 Gopal Agarwal, S/o. Late Matadin Agarwal, R/o. Flat No. 301, Sai Dutta Apartments, Plot No. 10, Indrapuri, Railway Colony, West Maredpally, Secunderabad. 4 Smt. Sita Bai, W/o. Omprakash Agarwal, R/o. Flat No. G8 & G9, Vlaishnavi Apartments, West Maredpally, Secunderabad. ..... PETITIONER(S) AND 1 L.M. Meenakshi, W/o. L.B. Muralidhar, H.No. 10-3-2/14 (402) Sri Puri Colony, East Maredpally, Secunderabad A.P. 2 Manjula, W/o. T. Srinivas, R/o. Plot NO. 301, Samrat Colony, West Maredpally, Secunderabad. 3 L.M. Madhusudhan, S/o. L.B. Muralidhar, R/o. 10-274/51, L.B. Estates, Sardar Patel Road, Maredpally, Secunderabad. 4 Chief Executive Officer, Office of Cantonment Board, S.P. Road, Court Compound, Secunderabad - 031. .....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 order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of 4th respondent regarding non stopping of illegal construction undertaken by the Respondents 1 to 3 in the premises bearing Door No. 3-9-51/B, 3-9-51/C and D at Syed Jalal garden, West Maredpally, Cantonment area, Secunderabad as illegal and arbitrary and consequently directing the respondent No. 4 to stop the illegal construction which the respondents 1 to 3 are undertaking and to demolish the illegal and unauthorized construction in the aforesaid property and pass Counsel for the Petitioner: MR.BANKATLAL MANDHANI Counsel for the Respondent No.: MR.DEEPAK BHATTACHARJEE The Court made the following : ORDER: This writ petition is filed by the petitioner stating that his father late Matadin Agarwal entered into an agreement of sale on 27/6/1978 with the owner’s of land viz., Syed Abdul Razak and since the owner of the land failed to perform his part of the contract, his father instituted a civil suit bearing O.S.No.667 of 1985 on the file of the Senior Civil Judge’s Court, Hyderabad. The said suit was decreed and ultimately a Division Bench of this Court in LPA No.168 of 1996 confirmed the said judgment and decree. Aggrieved by the same, respondents 1 and 2 herein carried the matter in appeal before the Apex Court in Civil Appeal Nos.2023 and 2024 of 2004. The Apex Court allowed the said appeals and a curative application bearing 164 of 2008 filed in the said appeals by the petitioners herein is pending before the Supreme Court and thus filed this writ petition seeking a direction to the 4th respondent – Chief Executive Officer, Office of Cantonment Board, Secunderabad to stop the illegal constructions being carried out by respondents 1 to 3 herein in the subject matter of land. In response to the writ allegations, the 3rd respondent has filed a detailed counter affidavit. The learned counsel for respondents 1 to 3 submits that the curative application filed by the petitioners herein before the Apex Court is dismissed on 17.3.2009. A copy of the said order is also produced before this Court. There is no necessity to go into the factual controversy in this writ petition in view of the submission made by the learned counsel for the petitioners that the writ petition was filed only in view of the pendency of the curative petition before the Apex Court and since the said curative petition itself is rejected now, nothing survives for adjudication in this writ petition. Accordingly, the writ petition is dismissed. N.V.RAMANA,J DT.20.4.2009 msv