THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU AND THE HON’BLE SHRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION NO.5502 OF 2009 30th June, 2010. Between: AKULA SUDARSHAN .. PETITIONERS AND THE ZONAL COMMISSIONER, WEST ZONE, GHMC, SERILINGAMPALLY, R.R.DISTRICT AND OTHERS .. RESPONDENTS THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU AND THE HON’BLE SHRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION NO.5502 OF 2009 JUDGMENT: (Per the Hon’ble the Chief Justice Shri Nisar Ahmad Kakru) On the basis of permission favouring respondent 3 for construction of a function hall, a grievance is registered by the petitioners in this Public Interest Litigation on the ground that the construction is sought to be raised on open space. To deal with the contentious issue effectively a committee was constituted by the court for inspection of the subject matter which has responded through a report stating therein that the disputed construction does not spread over open spaces, which are twenty in number, but report need not be taken into consideration by us at this stage because of a subsequent event traceable to a fresh notice issued by respondent 1 against the respondent 3 requiring him to show cause against cancellation of permission already granted, inter alia, on the ground that the draft plan has not been finalized, thus remains as a draft plan as on date. The notice was questioned by respondent 3 by medium of W.P.No.14855 of 2009 which stands disposed of. We have also noticed that the permission granted in favour of respondent 3 has been kept in abeyance by the official respondents. As a consequence thereto the constructional activity has come to a standstill. In the aforementioned backdrop, instead of keeping the writ petition pending, we deem it appropriate to leave the respondents free to deal with the proposed construction with liberty to the respondent 3 to advance the objections whatever in his armoury. The writ petitioners herein shall also be at liberty to project their objections before the concerned authority. It goes without saying that in case cause afresh accrues to the petitioners nothing prevents them to invoke the remedy before the court afresh. Disposed of along with miscellaneous petitions. VILAS V.AFZULPURKAR, J. NISAR AHMAD KAKRU, C.J. 30th June, 2010. Nagesh Babu THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU AND THE HON’BLE SHRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION NO.5502 of 2009 O R D E R: (Per the Hon’ble the Chief Justice Shri Nisar Ahmad Kakru) 30th June, 2010.