IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION No.8110 of 2004 Between: Gurumukhdas A Mangnani, S/o. Mr. Santurmal, Premises No. 5-8-270 and 5-8-271, Public Garden Road, Nampally, Hyderabad, AP. ..... PETITIONER AND 1 State of Andhra Pradesh, rep by its Secretary, General Administration Department (Accommodation) Secretariat, Hyderabad. 2 MDK Hotel Enterprises Private Ltd. Rep by its Managing Director, Atha-ur-Rehman Khan, Asthana Building Harsha Hotel, 5-8-268 Public Garden Road, Nampally, Hyderabad - AP .....RESPONDENT(S) 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 Writ or order in nature of Writ and in particular Writ of Mandamus declaring Section 4 (1) of the A.P. Buildings (Lease, Rent & Eviction) Control Act, 1960 is unconstitutional and violative of Article 14 of the Constitution of India, due to failure in evolving new criteria in keeping with the objectives of the act and change in the living conditions and framing proper guidelines for the determination fair rent by the Rent Control Tribunals, in exercise of Rule making power under section 30 of the A.P. Buildings (Lease, Rent and Eviction) Centrol Act of 1960, in the absence of issuing any fresh G.O. substituting Rs. 1,000/- by any higher amount of Rs, 5,000/- or more, in the place of the limit of Rs. 1,000/- in the existing G.O.Ms. No. 636 of 1983 (GAD - Accom.) dated 29-12-1983 which has got not nexus to the present economic conditions and issue any other direction as is deemed just in the circumstances of the case. Counsel for the Petitioner:SMT.C.JAYASREE SARATHY Counsel for the Respondent No.: GP FOR GENERAL ADMINISTRATION The Court made the following : IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION No.6433 of 2001 Between: 1 M/s L.Bajrang Pershad & Company Firm rep.by Sri Roopkumar S/o. late Sri Bajrang Pershad 2 Roop Kumar S/o. late Bajrang Pershad Partner of Petitioner No.1 firm 3 Nagesh Kumar S/o. late Bajrang Pershad Partner of Petitioner No.1 firm 4 Rajender Pershad S/o. late Bajrang Pershad Partner of Petitioner No.1 firm 5 Shakuntala Bai D/o. late Bajrang Pershad Partner of Petitioner No.1 firm R/o.294, Shop NO.9, Kansari Bazar New Bowenpally, Secunderabad-11 6 Pushpa Bai D/o. late Bajrang Pershad Partner of Petitioner No.1 firm R/o. 5-9-30/1/17/D/1 Basheerbagh, Hyderabad ..... PETITIONER(S) AND 1 Mahavir Pershad S/o. Suraj Bhan H.No.31-7-110 Mama Jumla Phatak Hyderabad 2 RameshPershad S/o. late Ganesh Pershad H.No.31-7-110 Mama Jumla Phatak Hyderabad 3 Om Prakash S/o. late Ganesh Pershad H.No.31-7-110 Mama Jumla Phatak Hyderabad 4 Satish Kumar S/o. late Ganesh Pershad H.No.31-7-110 Mama Jumla Phatak Hyderabad 5 Mahender Kumar S/o. late Jagdish Pershad H.No.31-7-110 Mama Jumla Phatak Hyderabad 6 Pavan Kumar S/o. late Jagdish Pershad H.No.31-7-110 Mama Jumla Phatak Hyderabad 7 State of Andhra Pradesh rep.by its Secretary GAD Secretariat, Hyderabad .....RESPONDENT(S) 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 writ or order in the nature of writ and in particular in the nature of writ of mandamus declaring section 4(1) of the A.P.Buildings (Lease, Rent & Eviction) Control Act, 1960 is unconstitutional as violative of Article 14 of the Constitution of India and issue any other writ or order. Counsel for the Petitioner:SMT.C.JAYASREE SARATHY Counsel for the Respondent No.: GP FOR GENERAL ADMINISTRATION The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION Nos.6433 of 2001 and 8110 of 2004 COMMON ORDER: (per the Hon’ble Sri Justice V. Eswaraiah) Learned counsel for the petitioners as well as the learned counsel for the respondents submit that after filing of the writ petitions, certain amendments have been made to the A.P.Buildings (Lease, Rent and Eviction) Control Act, 1960. It is stated that in view of the same, the cause of action does not survive for adjudication in these writ petitions. Recording the said submission, the writ petitions are dismissed as infructuous. There shall be no order as to costs. ________________ V.ESWARAIAH, J __________________ SANJAY KUMAR, J Date : 08-04-2009 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{RLD}