IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SECOND DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.15821 of 2005 Between: Sham Kumar, s/o late Gheesalal, R/o 5-8-4, Station Road, Nampally, Hyderabad. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep., by its Principal Secretary, Housing department, A.P.Secretariat, Hyderabad. 2 The A.P.Housing Board, rep., by Vice Chairman & Housing Commissioner, M.J.Road, Hyderabad. 3 The Secretary, A.P.Housing Board Cum Competent Authority, South & Central Division, M.J.Road, Hyderabad. 4 The Land Acquisition Officer, A.P.Housing Board, M.J.Road, Hyderabad. 5 The Assistant Estate Officer (Lands), A.P,.Housing Board, Gruhakalpa, M.J.Road, Hyderabad. .....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 sub-section 6 of Sec.2, Sec.52 & Sec.53 of A.P.Housing Board Act, 1956 as unconstitutional and further declare a) the amendments made by the respondent No.1 in Rule 23 sub-rule (1) item 2 of A.P.Housing Board Rules, 1959 vide G.O.Ms.No.58 Housing (HB-II) dt.07-06-2000 which has been published in Andhra Pradesh Gazette dt.07-06-2000, b) appointing the Secretary, A.P.Housing Board, Land Acquisition Officer, A.P.Housing Board vide G.O.Ms.No.81 Housing (H.B.II.I) dt.03-10-2001 as Competent Authorities, also highly illegal, arbitrary, unconstitutional and contrary to the A.P.Housing Board Act & Rules and consequently declare that the respondents No.1 & 2 cannot appoint their own employees of A.P.Housing Board as Competent Authority as per Sec.2(6) of A.P.Housing Board Act, 1956, as arbitrary 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: MRVENKATARAGHU RAMULU Counsel for the Respondent No.1: GP FOR HOUSING Counsel for the Respondent Nos.2 to 5: STANDING COUNSEL FOR HOUSING BOARD The Court made the following : ORDER: Learned counsel for the petitioner seeks permission of the Court to withdraw the writ petition. A letter to this effect is also filed with the Registry. Accordingly, permission is granted and the writ petition is dismissed as withdrawn. There shall be no order as to costs. Consequently, the interim order earlier granted by this Court shall stand vacated. _____________________ V.ESWARAIAH, J ___________________ VILAS V. AFZULPURKAR, J Date: 02.02.2009 va