IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.27105 of 2007 Between: 1. Samata, A Non-governmental Organisation, represented by its Executive Director, Rabbapragada Ravi, S/o. R.K. Rao, R/o. Maharanipet, Visakhapatnam. 2. Dr. EAS Sarma, S/o. E. Lakshmi Narayana, 14-40-4/1, Gokhale Road, Maharanipet, Visakhapatnam. ....Petitioners And 1. Government of Andhra Pradesh, represented by the Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad. 2. Government of Andhra Pradesh, represented by the Principal Secretary, Municipal Administration, Secretariat Buildings, Hyderabad. 3. Visakhapatnam Urban Development Authority, Siripuram Junction, Visakhapatnam, represented by its Vice-Chairman. 4. Greater Visakhapatnam Municipal Corporation, Tenneti Bhavan, Asilmetta, Visakhapatnam, represented by its Commissioner. 5. District Collector, Visakhapatnam District, Visakhapatnam. 6. Andhra Pradesh Industrial Infrastructure Coroporation (APIIC), Parishram Bhavan, Basheerabagh, Hyderabad, represented by its Chairman and Managing Director. 7. Govt. of Anhra Pradesh, represented by its Principal Secretary, Dept. of Tourism, Youth Advancement & Culture, Secretariat, Hyderabad. 8. Andhra Pradesh Housing Board, represented by its Vice-Chairman- cum-Housing Commissioner, Gruhakalpa, M.J. Road, Hyderabad. 9. Suresh Productions Private Limited, 8-2-293/82/JIII/6, Ramanaidu Studios, Jubilee Hills, Hyderabad, represented by its Managing Director. ....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 or order or direction more particularly in the nature of a writ of mandamus declaring the action of the respondents in initiating steps to alienate destroy, develop, landscape the hills around Vishakapatnam more particularly in Tarakarama Satellite township area as unconstitutional and illegal and consequently set aside the notices published by the APIIC on 14-12- 2007 in the Hindu announcing leasing out of lands, with regard to Sy.No.336, Madhurawada new Sy.No. 408/410 Madhurawada Village after declaring that the hill area around vishakapatnam city cannot be alienated or disposed off, leased out or developed and these have to be kept as open spaces as indicated in G.O.Ms. No.913, dated 9-11- 1987. Counsel for the petitioners : Sri K.S.Murthy Counsel for respondent No.3 : Sri M. Ravindranath Reddy The Court made the following: ORDER: (per Anil R. Dave, C.J.) This public interest litigation was based on G.O.Ms.No.911, M.A., Housing, Municipal Administration & Urban Development (I-2) Department, dated 9.11.1987. The case of the petitioners is that in view of the afore-stated G.O., certain lands could not have been sold by the Government or its agencies. During the course of hearing, learned Advocates appearing for the petitioners as well as respondent No.3 have submitted that the afore-stated G.O.Ms.No.911, dated 9.11.1987 has been now withdrawn by virtue of G.O.Ms.No.228, M.A. & U.D. (H2) Department, dated 13.3.2008. A copy of G.O.Ms.No.228, dated 13.3.2008, whereby G.O.Ms.No.911, 912 and 913, dated 9.11.1987 have been withdrawn, has been placed on record. In pursuance of the undisputed fact, in our opinion, this petition would not survive. The petition stands disposed of as rejected. ANIL R. DAVE, C.J. 17th July, 2008 R.SUBHASH REDDY, J. ........REGISTRAR To 1. The Principal Secretary, Revenue Department, Government of Andhra Pradesh, Secretariat Buildings, Hyderabad. 2. The Principal Secretary, Municipal Administration Department, Government of Andhra Pradesh, Secretariat Buildings, Hyderabad. 3. The Vice-Chairman, Visakhapatnam Urban Development Authority, Siripuram Junction, Visakhapatnam. 4. The Commissioner, Greater Visakhapatnam Municipal Corporation, Tenneti Bhavan, Asilmetta, Visakhapatnam. 5. District Collector, Visakhapatnam District, Visakhapatnam. 6. The Chairman and Managing Director, Andhra Pradesh Industrial Infrastructure Coroporation (APIIC), Parishram Bhavan, Basheerabagh, Hyderabad. 7.The Principal Secretary, Dept. of Tourism, Youth Advancement & Culture, Govt. of Andhra Pradesh, Secretariat, Hyderabad. 8. The Vice-Chairman-cum-Housing Commissioner, Andhra Pradesh Housing Board, Gruhakalpa, M.J. Road, Hyderabad. ARS