THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.14693 of 2007 Date: 21.10.2009 Between : P. Ashok Gajapathi Raju … Petitioner And The Union of India, Rep.by its Secretary, Home Department, New Delhi and others. … Respondents THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.14693 of 2007 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) Heard both sides. 2. The writ petition was filed with the prayer as under: “…..declaring the inaction and failure on the part of the respondents in initiating legal penal action against the 8th respondent-Chief Minister under various provisions of the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, A.P. Assigned Lands (Prohibition of Transfers) Act, 1977, A.P. Land Encroachment Act, 1905, A.P. Land Grabbing (Prohibition) Act, 1982, A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987, A.P. Panchayat Ra Act, 1994 and A.P. Forest Act, 1967 for violating theprovisions of the said Acts and committing offences punishable under the said Acts by the 8th respondent-Chief Minister as illegal, unjust, arbitrary, discriminatory, violative of Articles 14 and 39 (b) and (c) of the Constitution of India and further direct them to do so forthwith. ….” 3. From the above prayer, the allegations levelled against the 8th respondent are in the nature of making various allegations in his personal capacity while holding the office of the Chief Minister. Primarily, these allegations have to be either proved by the petitioner or refuted by the 8th respondent. Of course, a direction was also sought to take action against the alleged irregularities committed by the 8th respondent. 4. Counter affidavits have been filed by almost all the respondents except the 8th respondent. However, it is reported that the 8th respondent against whom allegations have been made and appropriate action is sought to be initiated is no more as on date. 5. In view of the said fact, this Court is of the view that further adjudication as regards the alleged irregularities committed by the 8th respondent cannot be gone into at this stage and the writ petition is liable to be dismissed as infructuous. 6. Accordingly, the writ petition is dismissed as infructuous, at the stage of admission. No order as to costs. _________________________ JUSTICE D.S.R.VARMA __________________________ JUSTICE R.KANTHA RAO 21.10.2009 Msr THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.14693 of 2007 21.10.2009 (Msr)