IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVE and HON'BLE MR.JUSTICE R.SUBHASH REDDY WRIT PETITION No.12926 of 2008 Between: Mr. Wasim Ahmed Khan, S/o. Late Aziz Ahmed Khan R/o. 11-1-777/A, Chilkalguda, Secunderabad. ... PETITIONER AND 1 The Chief Secretary to Governemnt, Transport Department, A.P., Secretariat, Hyderabad. 2 The Commissioner, Greater Hyderabad Municipal Corporation, Tank Bund, Hyderabad. 3 The General Manager, South Central Railways, Rail Nilayam, Secunderabad. 4 The Chief Executive Engineer, Roads & Buildings Dept., Erramanzil, Khairatabad, 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 may be pleased to issue a writ of Mandmaus or any other appropriate writ order or direction ; a) By declaring the action of the respondents in not completing the ﬂyover at the Seethaphalmadi Railway Level Crossing at Seethaphalmandi, Secunderabad as illegal, improper and unconstitutional b) To direct respondents to forthwith complete ﬂyover at the Seethaphalmandi Railway Level Crossing at Seethaphalmandi, Secunderabad immediately on priority basis. Counsel for the Petitioner: MR.MD.MOHINUDDIN Counsel for Respondents: GP FOR TRANSPORT The Court made the following: Order: (Per HC, J) This is a Public Interest Litigation wherein the petitioner has submitted that there is inordinate delay on the part of respondent No.2, i.e. Greater Hyderabad Municipal Corporation in completing the construction of ﬂyover at Seethaphalmandi railway crossing, Secunderabad. It has been submitted that the work with regard to construction of the said ﬂyover had started in 1999 and until today, it has not been completed. In pursuance of instructions received from the Greater Hyderabad Municipal Corporation, the learned Advocate for the Corporation has submitted that because of certain unavoidable reasons, construction could not be completed within the timeframe. It has been, however, assured that most-probably by 30-09-2008 construction of ﬂyover would be over. In view of the aforesaid statement made by the learned Advocate for the Corporation, in our opinion, the grievance ventilated in the petition would not survive. The petitioner is therefore disposed of. ________________ ANIL R. DAVE, CJ. _____________________ R. SUBHASH REDDY, J. September 2, 2008 MRR