APHC010447582014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

WEDNESDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 29921/2014 Between:

Mohd. Ibrahim ...PETITIONER AND Municipal Corporation of Kurnool ...RESPONDENT Counsel for the Petitioner:

1. MARRI VENKATA RAMANA Counsel for the Respondent:

1. B HANUMANTHA RAO (SC FOR KUR&NEL MC)

2. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP)

3. S D GOWD The Court made the following:

ORDER :

This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:

“.... to issue an appropriate Writ or order or direction particularly one in the nature of Writ of Mandamus declaring the inaction of the respondent corporation in not disposing of the application dated 21.11.2008 for grant of permission for construction of mosque in the plot of land bearing No.51 Sri Krishna Colony, Kurnool, as arbitrary, illegal, unconstitutional, without jurisdiction, contrary to the provisions of Greater Hyderabad Municipal Corporation Act, 1955 and in violation of well settled principles of natural justice…...”

2. Heard learned counsel for the petitioner and the learned Standing Counsel for Municipal Corporation for respondent.

3. Today, when the matter came up for hearing, learned Standing Counsel representing the sole respondent furnished a copy of the instructions of the Commissioner, Kurnool Municipal Corporation, Kurnool/respondent herein vide Lr.Roc.No.8451/2014/G2, dated 04.01.2025, wherein it is stated that, except by constructing a compound wall with the permission of the respondent Corporation, and a temporary shed, no permanent constructions have been made by the petitioner in plot No.51, Sri Krishna Colony, Kurnool till date. The application submitted by the petitioner for construction of Razia Masjid in his plot was returned on technical grounds on 12.02.2024. At present, no building application has been filed by the petitioner.

4. In view of the above instructions, this Court feels that no further cause survives in this writ petition. But, however, the petitioner is at liberty to submit a fresh application seeking permission to construct a Mosque if he intends to do so.

5. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.

__________________ JUSTICE V.SUJATHA

Date: 08.01.2025

KGR