IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WEDNESDAY, THE TWENTY FIFTH DAY OF NOVEMBER, TWO THOUSAND NINE ONLY WRIT PETITION No.8270 of 2003 Between: Sk. Babu & another. … Petitioners And The Govt., of A.P., rep., by its Secretary, Municipal Administration & Urban Development (J-1) Department, Secretariat, Hyderabad & 3 others. … Respondents Counsel for the petitioners : Sri K. Muralidhar Reddy Counsel for respondent No.3: Sri A. Sreedhar This Court made the following: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.8270 of 2003 ORDER:- This writ petition is filed for a Mandamus to declare the action of the respondents in seeking to construct water tank in Mahaboob Khan Children’s Park, Nellore, as illegal and arbitrary. A counter affidavit has been filed by the Commissioner of respondent No.3, wherein it has been inter alia stated as under: “It is submitted that after completion of the water tank in the corner also, the park and the library are functioning as usual and very much available to the general public without there being any inconvenience.” At the hearing, Sri K. Muralidhar Reddy, learned counsel for the petitioners, submitted that having regard to the above- reproduced averments of the counter affidavit, the cause in the writ petition does not survive for consideration. The writ petition is accordingly disposed of as infructuous. _____________________________ C.V. NAGARJUNA REDDY, J Date: 25.11.2009 ES