IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTIETH DAY OF JULY TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE ELIPE DHARMA RAO WRIT PETITION NO : 2197 of 1999 Between: 1. Pradeep S/o Deendayal, (Owner of Plot No.41, Sy.No.74/9) rep. by GPA Sanjay Kumar, S/o Suraj Prasad, aged 25 years. business R/o Domalguda, Hyd. 2. Phoolchand S/o Mummaram, (Owner of Plot No.42, Sy.No.74/9) rep. by GPA Sanjay Kumar, S/o Suraj Prasad, aged 25 years, business R/o Domalguda, Hyd. 3. Ghansiram S/o Ramlal, (Owner of Plot No.40, Sy.No.74/9) rep. by GPA Sanjay Kumar, S/o Suraj Prasad, aged 25 years. Business, R/o Domalguda, Hyd. ..... PETITIONERS AND 1 Municipal Corporation of Hyderabad, rep. by its Commissioners Tankbund Road, Hyderabad 2 Chief City Planner, Town Planning Section, Municipal Corporation of Hyderabad, Hyderabad 3 State of AP. represented by Secretary (Revenue) Secretariat Buildings, Hyderabad .....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, order or direction more paraticularly one in the nature of Writ of Mandamus or otherwise declaring the proceedings -Annexure VIII- dt. 29/12/1998, as illegal, arbitrary and bad in law, and ultra vires the powers of respondents and consequently declare the same as unenforceable and thereby declare that on the failure of the respondents to pass appropriate orders on the petitioners' building application fortwith, otherwise permission shall be deemed to have been granted to the petitioners as proposed by the petitioners in their building application and the proposed plan dt. 11/11/1997. Counsel for the Petitioners:MR.VILAS V.AFZULPURKAR Counsel for the Respondent Nos.1 & 2: SMT.G.JYOTHI KIRAN Counsel for respondent No.3: G.P. FOR REVENUE The Court made the following : O R D E R: This writ petition is filed declaring the proceedings -Annexure VIII- dt. 29/12/1998, as illegal, arbitrary, bad in law and ultra vires the powers of respondents and consequently declare the same as unenforceable and thereby declare that on the failure of the respondents to pass appropriate orders on the petitioners' building application fortwith, otherwise permission shall be deemed to have been granted to the petitioners as proposed by the petitioners in their building application and the proposed plan dt. 11/11/1997. The learned counsel for the petitioners submits that the subject matter of the writ petition has become infructuous. Recording the submission, the writ petition is dismissed as infructuous. No costs. _________________ E.DHARMA RAO J., Dt.20.07.2005 tjs To 1. The Commissioner, Municipal Corporation of Hyderabad, Tankbund Road, Hyderabad 2. The Chief City Planner, Town Planning Section, Municipal Corporation of Hyderabad, Hyderabad 3. The Secretary, Revenue Department, Secretariat Buildings, Hyderabad 4. Two C.Cs to the G.P. for Revenue, High Court Buildings, Hyderabad 5) CD copies.