IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 5824 of 2007 Between: Regunta Ashok, s/o Ramulu, r/o 2-2-17, Tilak Road, Korutla, Karimnagar District. ..... PETITIONER AND 1 The State of Andhra Pradesh represented by its Principal Secretary, Public Works (R&B Department) Secretariat Buildings, Saifabad, Hyderabad. 2 the Korutla Municipality, represented by its Commissioner, Korutla, Karimnagar District. 3 Chakkari Kota Dharmaiah, s/o Chinna Gangaram, r/o Mannegudem Village, Medipalli Mandal, Karimnagar District. .....RESPONDENT(S) 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 to issue an appropriate writ or order or direction more particularly one in the nature of writ of mandamus declaring the inaction of the 2nd respondent in not taking any action against the 3rd respondent pursuant to the proceedings PO/UCR No.39/2006 dated 15-2-2007 and declare the same as contrary to A.P.Municipalities Act, 1965 and the proceedings of the 1st respondent dt.16-4-2003 and consequently direct the 2nd respondent to demolish the structure being raised by the 3rd respondent and pass such other order or orders as this Hon'ble Court may deem ﬁt and proper in the circumstances of the case. Counsel for the Petitioner:MR.P.RADHIVE REDDY Counsel for the Respondent No.: GP FOR ROADS & BUILDINGS The Court made the following : THE HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION NO. 5824 OF 2007 ORDER: 1. This writ petition has been ﬁled by Regunta Ashok assailing the inaction of the Korutla Municipality-2nd respondent in removing the unauthorized constructions made by Chakkari Kota Dharmaiah-3rd respondent. 2. Rule nisi came to be issued on 27-4-2007. An interim order came to be passed on the even date directing the 2nd respondent to depute Assistant Town Planning Supervisor to ensure that 3rd respondent stop the constructions. The interim order passed in W.P.M.P.No. 7430 of 2007 reads as here under: “The 3rd respondent shall stop further constructions in premises in Sy.NO. 265, Sairampura Colony, Korutla, Karimnagar District. The 2nd respondent shall depute Assistant Town Planning Supervisor to ensure that the 3rd respondent stop the constructions. The 2nd respondent shall also take appropriate and expeditious steps for removing the unauthorized constructions in accordance with law”. 3. The 2nd respondent ﬁled counter aﬃdavit. It is stated in the counter aﬃdavit that notice has been issued to the 3rd respondent under Section 228 (1) (2) and 217 (1) (2) dated 15-2- 2007 directing to stop the unauthorized constructions and thereafter a conﬁrmation notice under Section 228(1) (2) and 217 (3) dated 16-3-2007 came to be issued directing the 3rd respondent to remove the unauthorized construction. 4. When the writ petition came up for consideration, learned counsel appearing for the petitioner submits that the purpose of writ petition has been served since the 2nd respondent removed the unauthorized constructions made by the 3rd respondent and therefore, no further orders are required to be passed in the writ petition. 5. While so, learned counsel appearing for the 3rd respondent submits that the 3rd respondent made constructions after submitting the Building Permission Application. He further submits that the 3rd respondent ﬁled W.P.No. 24009 of 2008 assailing the action of the respondents in rejecting the permission as sought for. 6. The validity or otherwise of the rejection order passed by the 2nd respondent on building permission application by the 3rd respondent is required to be examined in W.P.No. 24009 of 2008. It is suﬃce to say that the purpose for which the writ petition has been ﬁled has been accomplished and therefore, nothing survives adjudication in the writ petition. 7. Accordingly, this writ petition is dismissed as infructuous. No order as to costs. ______________________________ Justice B. Seshasayana Reddy 10th November, 2008. KM THE HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION NO. 5824 OF 2007 10th November, 2008.