IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 5091 of 2008 Between: 1 Kailash Chandra Agarwal S/o.Budhram Agarwal R/o.MIG No.63 MIGH Colony Medipatnam Hyd 2 G.S.Gopinath S/o.Lyenger R/o.Masab Tank Hyderabad Rep.by its Regd Partner Mr.Mohd Faheem Siddique S/o.Late Mohd Osman Siddique (40) R/o.502-B Skill Estate Vijayanagar Colony,Hyd-28 3 Syed Moin Pasha S/o.Late Syeed Yaseen, R/o.11-1-1204 Mallepalli,Hyd-28 4 Mohd Faiyaz S/o.Late Abdul Rehman R/o.H.No.8-1-398/A/56, II Floor Janaki Nagar Colony Tolichowki Hyd 5 T.Narendar Reddy Pentagon Extension Amrutha Valley,Road No.12 Banjarahills.Hyd ..... PETITIONER(S) AND 1 G.H.M.C Hyd Rep.by its Special Officer Commissioner 2 G.H.M.C Rep.by its Assistant City Planner Circle,IV Hyd 3 Smt.Madhavi Ramesh W/o.N.Ramesh R/o.6-3-1112,Begumpet,Hyderabad-16 .....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 issue any appropriate writ order or direction preferably one in the nature of writ of Mandamus declaring the action of the respondents 1&2 in demolishing the property bearing the action of the respondents I&2 demolishing the property bearing municipal No.10-1-128/18 17,15,14&13 Masab Tank Circle Hyderabad occupied by the petitioner herein respectively in highhanded fashion other than what is required for road widening as illegal arbitrary and violative of Articles 14&300-A of the constitution of India and consequently permit the petitioners herein to demolish that portion of the property bearing Municipal No.10-1-128/18, 17 15 14 &13 Masab Tank Circle Hyd that is required for road widening and pass Counsel for the Petitioner:MR.P.VENUGOPAL Counsel for the Respondent No.: SMT.KALPANA EKBOTE The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 5091 OF 2008 ORDER: 1. This writ petition has been filed by the petitioners with a prayer to issue a writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents 1 and 2 in demolishing the property bearing Municipal No. 10-1-128/18,17,15,14,13, Masab Tank Circle, Hyderabad occupied by the petitioners as illegal, arbitrary and violative of Article 14 and 300-A of the Constitution of India. 2. Learned standing counsel appearing for the respondents 1 and 2 reports that the structures which are coming on the way of road widening had already been demolished and no further demolition of the properties owned by the petitioners is contemplated. 3. Such is the situation, the relief sought for in the writ petition does not survive and accordingly, this writ petition is dismissed. No order as to costs. _____________________________ Justice B.Seshasayana Reddy 3rd July, 2008. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 5091 OF 2008 3rd July, 2008.