THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION NO.17272 OF 2002 Dt.25.9.2009 Between: Smt. B. Shakuntala and others … Petitioners And The Kapra Municipality, Represented by its Commissioner, Kapra Ranga Reddy District, and others … Respondents THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION NO.17272 OF 2002 ORDER: This Writ Petition is filed for a Writ of Mandamus to set aside the notice dt.7.9.2002 by which the petitioners were informed to remove the encroachment within twenty-four (24) hours or else action would be initiated against them as per the provisions of Andhra Pradesh Municipalities Act, 1965. A counter affidavit is filed by respondent No.1, wherein it has been stated by him in paragraph – 4 as under: “It is respectfully submitted that the compound wall constructed by the petitioners 2 to 4 in 25’-0’’ wide road has been removed on 09.09.2002 by the Respondent – Municipality. The Municipality has served a notice under Section 192 of A.P. Municipalities Act, 1965 and removed the encroachment strictly in accordance with the provisions of the Act even before the orders of this Hon’ble Court are received.” No reply affidavit is filed controverting the above-mentioned fact. At the hearing, Sri P. Chakravarthi, learned Counsel representing the petitioners, submitted that an application for permission to construct the compound wall has been filed in this Writ Petition. In my considered view, such an application cannot be entertained, because the same goes beyond the nature of the relief claimed in the Writ Petition. Inasmuch as the compound wall has already been demolished, the Writ Petition, as it is conceived, has become infructuous. The Writ Petition is accordingly dismissed as infructuous. This order, however, does not preclude the petitioners from availing appropriate remedy available under law to assert their right over the property in question. ________________________ C.V. NAGARJUNA REDDY, J 25.9.2009 bnr