A. Shankar, v. Sri M.T.Krishna Babu

HON'BLE SRI JUSTICE C.PRAVEEN KUMAR WRIT PETITION No. 26770 of 2013 & CONTEMPT CASE No.1838 of 2013 COMMON ORDER:

1) W.P.No.26770 of 2013 came to be filed seeking issuance of writ of mandamus declaring the action of respondent Nos.1 to 3 in not disposing of petitioner's representation dated 19.08.2013 and not taking necessary action against the illegal and un-authorised constructions made by respondent No.4 by encroaching the foot paths and road margins abutting Plot bearing No. MIG 59/ 2, KPHB Colony, Phase-III, Kukatpally, Hyderabad, as illegal, arbitrary and contrary to the principles of natural justice. 2) By an order, dated 16.09.2013, this Court granted interim direction as prayed for.

3) Since the respondents are not taking any action against the unauthorised constructions and encroachments made, the petitioners filed C.C.No.1838 of 2013 stating that the respondents have willfully and deliberately disobeyed the interim order granted by this Court. 4) At the time when the matter is taken up for hearing, Sri Sampath Prabhakar Reddy, learned Standing Counsel for G.H.M.C., Hyderabad, submits that pursuant to the interim orders passed by this Court, the G.H.M.C.

vide proceedings No.57/ C14A/ ACP/ TPS/ GHMC/ 2017, dated 30.01.2017, issued notice under Section 402 of Hyderabad Municipal Corporation Act, 1955 and also removed the encroachments on the pavements. The said fact is not disputed by Sri A.Abhishek Reddy, learned counsel appearing for the writ petitioner. Having regard to the above, nothing survives for adjudication in the writ petition and the same is accordingly closed. In view of closure of the writ petition, the contempt

case is also closed. However, the petitioner is at liberty to avail the remedy available under law or challenge, if any fresh cause of action arises.

5) Consequently, miscellaneous petitions, if any, pending shall stand closed.

____________________ C. PRAVEEN KUMAR, J 14.03.2017 gkv