THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.19928 of 2007 Date:02.11.2009 Between: Syed Ale Hassan and others. ..Petitioners and The Hyderabad Municipal Corporation and others. .. Respondents THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.19928 of 2007 ORDER: The petitioners claim to be owners of land in survey No.129/55, Banjara Hills, Shaikpet Village, Hyderabad. They have referred to the prolonged litigation among themselves and others about the ownership and possession of the said land. Their grievance is that the fifth respondent is making construction over a part of the land without any permission and authority and though the said fact was brought to the notice of respondent Nos. 1 to 4, no action has been taken thereon. The third respondent filed a counter-affidavit. It is stated that the fifth respondent has constructed a house with tin roof about twenty years ago and that the area has since been notified as slum, under the relevant provisions. It is also stated that the petitioners have since filed W.P.No.22292 of 2007 challenging the said notification. Heard the learned counsel for the petitioners and the learned counsel for the respondents. When this writ petition was filed the petitioners were not aware that the area in which the fifth respondent was making construction was a notified slum. As soon as they become aware of that fact, they filed W.P.No.22292 of 2007 challenging the said notification. Any relief can be granted to the petitioners only if the notification is set side. For all practical purposes, this writ petition is premature, and has become superfluous, once the petitioners have already filed W.P.No.22292 of 2007 challenging the notification through which the land was declared as slum. Therefore, this Writ Petition is dismissed as without cause of action. This, however, will be without prejudice to the rights of the petitioners to urge grounds available to them in challenge to the notification which declared the land as slum and to claim relief against the individuals concerned. There shall be no order as to costs. ________________________ L. NARASIMHA REDDY, J 02nd November, 2009 GHN