A writ petition is dismissed as infructuous when the cause of action no longer subsists or the relief sought has become incapable of being granted due to subsequent developments or the finality of the impugned proceedings.

ORDER :

The present writ petition is filed by the petitioners under Article 226 of the Constitution of India, seeking the following relief :

“…to declare the impugned order passed by the 3rd respondent dt.15-6-2018 in Procs.No.GPMKL/2018 cancelling the house numbers bearing H.No.8-42/1, 7-60/1 and 8-42/2 situated at Mankhal village, Maheshwaram Mandal, R.R.District, without properly considering the reply submitted by the petitioners on 16-5-2018 to the show cause notice dt.5-5-2018, as being illegal, arbitrary, unjust and unconstitutional and consequently set aside the same.…”

2. Heard Sri Rajaneesh, learned counsel representing learned counsel for the petitioners, Sri P.Ashok Kumar, learned Assistant Government Pleader, representing Mrs.Shazia Parveen, learned Government Pleader for Panchayat Raj and Rural Development and Sri Santosh Reddy, learned counsel representing Sri K.Pradeep Reddy, learned standing counsel for the Telangana Zilla Parishad.

3. The case of the petitioners, in brief, is that the petitioners, joint owners and possessors of agricultural land at Mankhal village, challenge the order dated 15-06-2018 cancelling the house numbers of their long-standing tin-roof sheds, contending that the 3rd respondent passed the order without proper enquiry, without considering their reply and during the pendency of a civil suit in O.S.No.33 of 2018 concerning disputed sale deeds. They assert that the cancellation is illegal, arbitrary and passed at the instance of the 4th respondent, who has no right over the sheds and seek setting aside of the impugned order.

4. The learned Assistant Government Pleader submits that the present writ petition has become infructuous as the impugned proceedings dated 15-06-2018 have either been acted upon and attained finality and/or subsequent developments have overtaken the relief sought. It is contended that no surviving cause of action remains for adjudication under Article 226 of the Constitution of India and therefore, the Writ Petition is liable to be dismissed as infructuous.

5. Having considered the rival submissions and upon perusal of the material available on record, this Court is of the opinion that the relief sought in the present Writ Petition no longer survives for adjudication. In view of the subsequent developments and the position that the impugned proceedings have already been acted upon and have attained finality, no effective or enforceable relief can now be granted in the present writ proceedings. It is well settled that when the cause of action does not subsist or when the relief sought has become incapable of being granted, the writ petition becomes infructuous. In the facts and circumstances of the case, this Court finds that the lis has ceased to survive for consideration under Article 226 of the Constitution of India.

6. In the result, the writ petition is dismissed as infructuous. There shall be no order as to the costs. Interlocutory applications, if any pending, shall also stand dismissed.