IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE And HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.18670 of 2007 Between: 1 Samata A non-governmental Organisation, Rep. by its Executive Director, Rabbapragada Ravi, 36 years, S/o. R.K. Rao R/o.Maharanipet, Visakhapatnam. 2 Dr.ESA.Sarma S/o.E.Lakshmi Narayana 14-40-4/1, Gokhale Road, Maharanipet, Visakhapatnam. ..... PETITIONERS AND 1 Government of Andhra Pradesh, rep. by the Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad. 2 Government of Andhra Pradesh, rep. by the Principal Secretary, Municipal Administration, Secretariat Buildings, Hyderabad. 3 Visakhapatnam Urban development authority Siripuram Junction, Visakhapatnam, rep. by its Vice-Chairman. 4 Greater Visakhapatnam Municipal Corporation, Tenneti Bhavan, Asilmetta, Visakhapatnam, rep. by its Commissioner. 5 District Collector, Visakhapatnam District, Visakhapatnam. 6 Andhra Pradesh Industrial Infrastructure Corporation (APIIC) Parishram Bhavan, Basheerbagh, Hyderabad, rep. by its Chairman and Managing Director. .....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 or order or direction more particularly in the nature of a Writ of Mandamus declaring the action of the respondents in initiating steps to alienate hills around Visakhapatnam more particularly in Tarakarama satellite town ship area as unconstitutional and illegal and consequently set aside the notices published by the VUDA on 16.8.2007 in The Hindu announcing auction of lands, only to the extent of items one to four of the auction notice and the advertisement issued by A.P. Industrial Infrastructure Corporation published on 8.8.2007 in Indian Express after declaring that the hill area around Visakhapatnam city can not be alienated or disposed off leased out and these have to be kept as open spaces as indicated in GO Ms. No.913 dated 9.11.1987 and pass such order or orders. Counsel for the Petitioners : MR.K.S.MURTHY Counsel for the Respondents : GP FOR REVENUE The Court made the following : HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE And HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.18670 of 2007 ORDER : (Per Hon’ble Sri Anil R.Dave, CJ) This public interest litigation was based on G.O.Ms.No.911, M.A. & U.D. (I2) Department, dated 09.11.1987. The case of the petitioners was that in view of the afore- stated G.O., certain lands could not have been sold by the Government or its agencies. During the course of hearing, the learned Advocate- General has submitted that the afore-stated G.O.Ms.No.911, dated 9th November 1987 has been now withdrawn by virtue of G.O.Ms.No.228, M.A. & U.D. (H2) Department, dated 13th March 2008. The afore-stated fact could not be disputed by the learned advocate appearing for the petitioners. A copy of G.O.Ms.No.228, dated 13th March 2008, whereby G.O.Ms.Nos.911, 912 and 913, dated 09th November 1987, have been withdrawn, has been placed on record. In pursuance of the undisputed fact, in our opinion, this petition would not survive. The petition stands disposed of as rejected. Interim relief granted earlier, stands vacated. _________________ ANIL R. DAVE, CJ 26th June 2008 ______________________ R. SUBHASH REDDY, J ajr To 1 The Principal Secretary, Revenue Department, Government of Andhra Pradesh, Secretariat Buildings, Hyderabad. 2 The Principal Secretary, Municipal Administration, Government of Andhra Pradesh, Secretariat Buildings, Hyderabad. 3 The Vice-Chairman, Visakhapatnam Urban Development Authority, Siripuram Junction, Visakhapatnam. 4 The Commissioner, Greater Visakhapatnam Municipal Corporation, Tenneti Bhavan, Asilmetta, Visakhapatnam, rep. by its Commissioner. 5 District Collector, Visakhapatnam District, Visakhapatnam. 6 The Chairman and Managing Director, Andhra Pradesh Industrial Infrastructure Corporation (APIIC), Parishram Bhavan, Basheerbagh, Hyderabad.