IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GOPALAKRISHNA TAMADA Writ Petition No. 24559 of 2008 Between: 1. Mohd. Nizamuddin s/o Mohd. Jamaluddin, r/o H.No.5-7-340, Barkatpura, Nalgonda. 2. Mohd. Abdul Hakeem, s/o Hasan Nizami, r/o H.No.4-10-72, Street Rahman Bagh, Nalgonda. 3. Riaz Ahmed, s/o Wali Mohammed, r/o H.No.16-2-4/4/2, Near Baquari Shah Masjid, Saidabad, Hyderabad. 4. Mohd. Rafeeq Ahmed, s/o Md. Fakhruddin, r/o Akbarpet Street, Alampur, Mahabubnagar District. 5. Mohd. Abdul Samad, s/o Mohd. Abdul Sattar, r/o Nalgonda. 6. Moulana Mohd. Abdul Rasheed (Alim), s/o Mansoor Ali Saheb, r/o H.No.8-94, Nakrekal, Nalgonda District. 7. Hafiz Syed Farooq Mohiuddin, s/o Mufti Syed Sadiq Mohiuddin, r/o H.No.19-2-11/123/3, Misrigunj, Hyderabad. 8. Mohd. Khader Hussain, s/o Mohd. Jahangir, r/o H.No.2-2-109/1/B, Bagh Amberpet, Hyderabad. 9. Azeezullah, s/o Mohd. Sulema, r/o H.No.73-32, Rayachoti, Kadapa District. ... PETITIONERS AND 1. Union of India rep. by its Secretary, Ministry of External Affairs, Akbar Bhavan, Chanikyapuri, New Delhi - 110 021. 2. Chief Executive Officer, Central Haj Committee of India, 7-A M.R.A. Marg, Palthan Road, Mumbai - 400 011. 3. Executive Officer, A.P. State Haj Committee and Asst. Secretary to Govt. of A.P., 2nd Floor, Haj House, Nampally, 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 any appropriate writ, order or direction preferably a writ in the nature of writ of mandamus, declaring the inaction of ﬁrst respondent in not approving the selection of the petitioners for Khuddam- ul-Hujjaj in spite of addressing letter vide Ref. No.AP/HC/19/2008 dated 26-09-2008 by respondent Nos. 2 and 3 as being arbitrary, illegal, without jurisdiction and violative of Article 14 of the Constitution of India and consequently direct respondent No.1 to forthwith accord approval for selection of the petitioners as Khuddam- ul-Hujjaj for the current Haj year 2008 and to pass such other orders. Counsel for the Petitioner. : Mr. ALI FAROOQUE Counsel for Respondent No.1. : Mr. A.RAJASHEKAR REDDY (ASST. SOLICITOR GEN) Counsel for Respondent Nos.2&3 : Mr. A.M. QURESHI Standing Counsel for Haj Committee. The Court made the following: ORDER: In view of the subsequent development and as per the order passed by the Secretary, State Haj Committee on 07-11- 2008, this writ petition has become infructuous. 2. Accordingly, the writ petition is dismissed as infructuous, giving liberty to the petitioners to challenge the said order dated 07-11-2008. ________________________________ JUSTICE GOPALAKRISHNA TAMADA November 17, 2008 GLV ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER Copy to: 1. The Secretary, Ministry of External Affairs, Union of India, Akbar Bhavan, Chanikyapuri, New Delhi - 110 021. 2. The Chief Executive Officer Central Haj Committee of India, 7-A M.R.A. Marg, Palthan Road, Mumbai - 400 011. 3. The Executive Officer, A.P. State Haj Committee and Asst. Secretary to Govt. of A.P., 2nd Floor, Haj House, Nampally, Hyderabad. 4. Two CCs to 5. Two CD copies Form-NIC-OGS/WP{KBJ}