IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER Polo Pratham Vikas Samiti, vs. State of Rajasthan & Ors. Jodhpur (S.B.Civil Writ Petition No. 6734/07 ) Dated:- 22.11.2007. HON'BLE MR.JUSTICE SANGEET LODHA MrVijay Bishnoi, for the petitioner. Mr. R.R.Nagori, for the respondents. Mr. R.S.Saluja, for the Municipal Corporation. BY THE COURT:- The petitioner, a society registered under the Societies Registration Act, 1958, constituted for looking after the overall development of colony Polo First, Paota,Jodhpur has preferred this writ petition under the apprehension that the respondent nos. 4 and 5 who own residential plot nos.103 Polo-1,Paota are raising construction thereupon of a building for commercial use i.e. a hospital building. A reply to the writ petition has been filed by the respondent nos. 3 and 4, wherein it has been averred in unequivocal terms that they are not constructing any hospital building on the plot in question. It is stated that a residential house is being constructed by them on the land in question and for that purpose a permission in terms of Section 170 of the Rajasthan Municipalities Act, 1999 has already been issued in their favour by the Municipal Corporation,Jodhpur. The same has been placed on record as Annexure R4-5/4. The map approved and photos of the construction raised have also been placed on record. A perusal of the same do not indicate in any manner that the construction of any hospital building is being raised by the respondent nos. 4 and 5. The apprehension of the petitioner appears to be baseless. Moreover, in view of the categorical stand taken by the respondents nos. 4 and 5 that they are not raising any construction for the commercial purpose, the cause of action, if any , does not survive. Accordingly, the writ petition is dismissed with no order as to costs. (SANGEET LODHA),J.