IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO.19993 of 2005 Between: 1 Mohd.Sirajuddin, s/o Mohd.Sharfuddin, r/o 23-6-271, Sultan Shahi, Hyderabad. 2 Mohd.Sayeeduddin, s/o Mohd.Qadeeruddin, r/o 23-6-272/1, Sultan Shahi, Hyderabad-500 065. 3 Mohd.Abdul Qadeer, s/o Mohd.Mashaiq, r/o 23-6-273, Sultan Shahi, Hyderabad. 4 Syed Mujeebuddin, s/o Syed Safiuddin Hussaini, r/o 23-6-265, Sultan Shahi, Hyderabad. ..... PETITIONERS AND 1 Municipal Corporation of Hyderabad, rep. by Commissioner, Burgula Ramakrishna Bhavan, Tank bund, Hyderabad. 2 Behesht-E-Zahra Trust, rep. by its founder Trustee Dr.Kazim Himati, s/o late Aga Hussain, r/o Pent House, Meghna Garden, Beside Shenoy Nursing Home, West Marredpally, Secunderabad. ....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate writ order or direction more particularly a writ of mandamus declaring the action of the 1st respondent in permitting the 2nd respondent to convert house sites into a grave yard in residential locality as arbitrary, illegal, contrary to law, having the effect of being contrary to Hyderabad municipal Corporation Act and violating the fundamental rights guaranteed under Article 14 and 21 of the Constitution of India and issue consequential directions directing the 1st respondent not to permit conversion of land under premises bearing No.23-6-266, 23-6-267, 23-6-268, 23-6-269 and 23-6- 270 as burial ground and pass such other order or orders as are deemed fit and proper in the circumstances of the case. Counsel for the Petitioners: MR.L.RAVICHANDER Counsel for the Respondent No.: R.RADHA KRISHNA REDDY(SC FOR GHMC,SNCZONE) The Court made the following : THE HON'BLE SRI JUSTICE R.SUBHASH REDDY Writ Petition No. 19993 of 2005 Order: This writ petition is filed seeking to declare the action of the 1st respondent-Corporation in permitting the 2nd respondent-Trust to convert the property bearing Nos.23-6-266 to 270, admeasuring 440 sq. yards, situated at Sultan Shahi, Hyderabad, as burial ground, as illegal and arbitrary. When the matter is taken up for hearing, it is submitted by the learned Counsel for the 2nd respondent that during the pendency of the writ petition, the Commissioner and Special Officer, Greater Hyderabad Municipal Corporation, vide proceedings No.455/kCMOH/GHMC/2008, dated 18.03.2009 (copy of which is produced), has accorded permission in favour of the 2nd respondent for using the land in question as burial ground. Looking at the proceedings referred to above learned counsel for the petitioners submits that in view of the said proceedings nothing survives for adjudication in the writ petition and the matter has become infructuous. Recording the said submission, the writ petition is dismissed as having become infructuous. However, it is left open to the petitioners to question the proceedings of the Commissioner and Special officer, Greater Hyderabad Municipal Corporation, dated 18.03.2009, if they are so advised. No order as to costs. _____________________ R. SUBHASH REDDY, J. Date: 07.04.2009 Nsr