IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 10861 of 2008 Between: Kasani Nagraj S/o. K. Narayana R/o. H.No. 7-1-324/A, Balkampet, Hyderabad, A.P., ..... PETITIONER AND 1 Greater Hyderabad Municipal Corporation, Tank Bund, Hyderbaad, A.P., rep. by its Commissioner. 2 The Additional Commissioner, Planning Greater Hyderbaad Municipal Corporation, Tank Bund, Hyderabad, A.P., 3 The Assistant City Planner, Circle No.10, (Old Circle No.5 ) Greater Municipal Corporation, Khairathabad, Hyd, A.P., 4 Sri Kothapally Laxman S/o. Late K. Ramaswamy Goud R/o. H./No. 7--325, Balkampet, Hyd. - 38, A.P., .....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 or order or direction under Article 226 of the Constitution of India, particularly one in the nature of Writ of Mandamus, declaring the inaction on the part of the Respondents-1 to 3 herein on representation dt. 4.2.2008 and allowing the 4th respondent constructing a building in premises No. 7-1-325, Balkampet, S.R.Nagar, Hyderabad, A.P., encroaching a public Road on its western and Northern side as unjust, arbitrary and illegal, and against to the articles 21 of the Constitution of India, after calling for the records. Counsel for the Petitioner: MR.NUTHALAPATI KRISHNA MURTHY Counsel for the Respondent Nos.1 to 3:SMT.KALPANA EKBOTE, STANDING COUNSEL. Counsel for the Respondent No.4: MR. D.HANUMANTHA RAO The Court made the following : O R D E R: This writ petition has been ﬁled by Kasani Nagraj assailing the inaction of the respondents 1 to 3 on the representation submitted by him complaining illegal constructions being made by Kothapally Laxman-4th respondent encroaching the road portion. 2. Rule Nisi came to be issued on 21.05.2008. An interim direction came to be issued to the respondents 1 to 3 to take eﬀective steps for preventing the 4th respondent from making any illegal constructions. 3. 4th respondent ﬁled counter-aﬃdavit. A status report has also been filed by the respondents 1 to 3. 4. Heard learned counsel appearing for the petitioner and learned Standing Counsel appearing for the respondents 1 to 3 and learned counsel appearing for the 4th respondent. 5. In the status report submitted by the Assistant City Planner, Circle-X, GHMC, Hyderabad, it is stated that the encroachments made by the 4th respondent have been removed. For better appreciation, I may refer relevant portion of the status report, which reads as hereunder: “Accordingly, the party has commenced the construction without serving the notice U/S.440 of HMC Act and however, this oﬃce has detected the construction during the routine inspection and observed that the party has excavating the land to a depth of 5’ depth from road level, for which this oﬃce has issued the required statutory notice U/Ss.461, 452 and ﬁne notice 636 of HMC Act and action also initiated by way of removing the deviated columns basing on the complaint ﬁled Sri Kasani Nagraj by ﬁling the Writ petition in the Hon’ble High Court vide WPMP.No.14162/2008 in WP No.10861/2008. Accordingly, the Hon’ble High Court has directed to stop the construction since it has been complained that the said land is a Government land. Further, the encroachment made on the road were also removed and made it free. However, the GHMC has also addressed a letter to the Mandal Revenue Oﬃcer vide Letter No.UC/325/1/7/2007-08, dt.21.5.2008 requested to demarcate the site and takeover the government land if any. At present there is no construction activity is found at suit schedule property.” 6. In view of the status report, the grievance of the petitioner has been attended to and therefore, nothing survives for adjudication in this writ petition. 7. Accordingly, the writ petition is dismissed as redundant. No costs. _____________________ B.SESHASAYANA REDDY, J. Date:13th October, 2008. cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KSRANI}