HON’BLE THE CHIEF JUSTICE SHRI ANIL R. DAVE AND HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA W.A. No.19 of 2008 Date:8-2-2008 Between: Mr. K. Ramachander and another. … Appellants. and The Nagara Panchayat (Municipal Council) represented by its commissioner, Zaheerabad, Medak District and others. … Respondents. :JUDGMENT: Per Anil R. Dave, CJ Being aggrieved by the order dated 17.9.2007 passed by the learned Single Judge in Writ Petition No.19657 of 2007, the original petitioners have filed this appeal. The appellants-original petitioners are respectively Councilor and resident of Zaheerabad Municipality, Medak District. According to the appellants, the land which is subject matter of the appeal belongs to respondent No.1 Municipality and over the said land, respondent Nos.4 to 8 have claimed ownership right. It is also the case of the appellants that respondent No.1-Municipality has granted permission for putting up construction on the land in question, and, therefore, the appellants had approached the learned Single Judge by way of a writ petition. The learned Single Judge dismissed the writ petition taking the view that the appellants were third parties and as they did not claim any right in respect of the land in question, the petition was not maintainable. The learned Single Judge had noted the fact that in an earlier writ petition, respondent No.1 Municipality was given an opportunity to move the Civil Court so as to establish its title over the land in question. We have heard learned advocates appearing for both the parties. The record discloses that in respect of the land in question, Tahsildar, Zaheerabad, vide his proceedings dated 3.4.1981 had ordered modification of the entries in Record of Rights as requested by respondents 4 to 8, but, on revision, entries were set aside by the Joint Collector, Medak at Sangareddy by his order dated 7.4.2000. Aggrieved by the same, Respondents 4 to 8 had filed Writ Petition Nos.16089 and 16090 of 2000, which were dismissed by this Court by common order dated 17.2.2003, giving liberty to the petitioners therein to approach the Civil Court of competent jurisdiction for establishing their right, title and interest and writ appeal filed against the said order was also dismissed. Now, Sri Ramakrishna Reddy, learned Senior Counsel appearing for respondents 4 to 8 has submitted that during the pendency of this appeal, respondent No.1 -Municipality has already filed a suit claiming ownership right over the land in question. In view of this, we are of the opinion that the grievance, which had been ventilated by the appellants in the present writ appeal, would not survive because respondent No.1 Municipality has already started taking care of its property. In view of the above development in the matter, we see no substance in this appeal and the same is accordingly dismissed with no order as to costs. ANIL R. DAVE, CJ 8th February, 2008 GOPALA KRISHNA TAMADA, J vtv/svs