IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.3692 of 2009 Between: 1 C. Abu S/o. N.K. Pakkar Saheb R/o. D.No. 8-2-4, B.R.P. Road, Wynchpet, Vijayawada. 2 C. Ussu S/o. N.K. Pakkar Saheb R/o. D.No. 8-2-4, B.R.P. Road, Wynchpet, Vijayawada. ..... PETITIONERS AND 1 Vijayawada Municipal Corporation, Rep. by its Commissioner Vijayawada - 520 001. 2 The City Planner, Vijayawada Municipal Corporation, Vijayawada. 3 Syed Shahabuddin, S/o. Syed Patcha, R/o. 12-13-23, Abdul Khader Street, Vijayawada, Krishna District. (R3 is impleaded as per Court order dated 24.03.2009 in W.P.M.P.No.6729 of 2009) .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate writ, order or direction particularly one in the nature of the Writ of Mandamus, declaring Rc.G1-113798/08/TPS-1, dated 17-02-2009 issued by the respondents as illegal and ultra vires to the provisions of Article 14 & 19(1)(g) of the Constitution of India besides directing the respondents not to proceed further. Counsel for the Petitioners: MR.V.S.R.ANJANEYALU Counsel for the Respondents: SMT.G.JHANSI KANAKAMEDALA RAVINDRA KUMAR The Court made the following: THE HONOURABLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.3692 OF 2009 ORDER: Learned counsel for the petitioners addressed a letter dated 23.03.2009 to the Registry, stating that, aggrieved by the impugned order, the petitioners have filed a statutory appeal in C.M.A.No.31 of 2009 before the learned III Additional Senior Civil Judge’s Court, Vijayawada, and, therefore, they are not interested to pursue the writ petition. It was further requested to permit the petitioners to withdraw the writ petition with a liberty to pursue the aforesaid appeal filed by them. In view of the above, the writ petition is dismissed as withdrawn with the liberty as sought for. No order as to costs. __________________ JUSTICE N.V. RAMANA 24th March, 2009 IBL