2026 Supreme(Online)(Tel) 10657
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE N.TUKARAMJI
Shiv Kumar Agarwal – Appellant
Versus
The Commissioner – Respondent
WP 32065/2015
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
17th Feburary, 2026 Between:
Shiv Kumar Agarwal and another.
…Petitioners AND The Commissioner, Greater Hyderabad Municipal Corporation, CC Complex, Tank Bund Raod, Hyderabad and 6 Others.
…Respondents
ORDER:
This Writ Petition is filed with the following relief:
“…to issue writ, order or direction more particularly more in the nature of Writ of Mandamus to declare the inaction of the Respondents 1 to 4 in not considering the fervent representations made by the Petitioner against the running of a massive commercial kitchen, illegally in a residential area at D.No.3-6-369/B/3/5, Ground Floor, Diamond House, Himayathnagar, and causing nuisance, air and noise pollution, severe health and safety hazards, resulting in the violation of the petitioners Right to life guaranteed under Article 21 of the Constitution of India and other residents in the immediate locality leading to health complications as illegal, arbitrary, against the provisions of the Hyderabad Municipal Corporation Act, 1955, and against the principles of natural justice and consequently to permanently close down the 5th respondent kitchen being operated from the said premises, i.e. D.No. 3-369/B/3/5, Ground Floor, Diamond House, Himayathnagar and pass.......”
petitioners, Mr.G.Mallesham, learned counsel representing Hyderabad Municipal Corporation, for respondent No.1 and Mr.D.Pradeep, learned Assistant Government Pleader for Home appearing for respondent Nos.3 and 4.
3. Learned counsel for the petitioner submits that the cause of action in the present writ petition no longer survives for adjudication and, therefore, seeks dismissal of the writ petition as infructuous.
4. Recording the submissions of both learned counsel, the writ petition is dismissed as infructuous. There shall be no order as to costs.
Miscellaneous Petitions, pending if any, shall stand closed.
__________________ N.TUKARAMJI, J