IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 300 of 1998 Between: Are China Penchalaiah S/o.Penchalaiah R/o.Bodipadu Village Chejerala Mandal Nellore District. ..... PETITIONER AND 1 Govt.of A.P. Rep by its Secretary Revenue Excise-II Dept Secretariat Building Hyderabad. 2 Commissioner of Excise Prohibition Nampally , Hyderabad. 3 The District Collector Nellore. 4 Superintendent , Prohibition & Excise Nellore 5 Itha China Ankaiah President of Toddy Tappers Cooperative Society Chejerala, Chejerala Mandal Nellore District .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to call for the records and issue a writ order direction more particularly one in the nature of writ of mandamus set aside the impugned Memo.No.85905/Excise.II/(1) 97-1, Dt.11-12-1997 of the 1st respondent arbitrary and violative articles 14, 19(1) and 21 of the Constitution of India apart from violative of principles of natural justice. Counsel for the Petitioner: MR.VENKATA RANGADAS KANURI (Not present) Counsel for the Respondent Nos.1 to 4: GP FOR EXCISE Counsel for the Respondent No.5: MR.CH.CKRISHNA REDDY The Court made the following : THE HON’BLE SRI JUSTICE N.V. RAMANA W.P. No. 300 of 1998 ORDER: None appears for the petitioner. It is represented by the learned counsel for the 5th respondent that this writ petition is filed seeking to set aside the impugned order, dated 11-12-1997 passed by the first respondent suspending the operation of the Notification of the District Collector, Nellore District published in Nellore District Gazettee No.906, dated 18-11-1997 regarding formation of new T.F.T. (Tree For Tapper) at Bodipadu village, Chejerla Mandal, Nellore District, until further orders. He submitted that subsequently, the Government passed final orders in the matter by G.O. Rt. No.899 Revenue (Ex.II) Department, dated 08-06-1998, which was challenged before this Court in W.P. No.25306 of 1998 and this Court by order dated 18-7-2000 dismissed the writ petition in W.P. No.25306 of 1998, therefore, the present writ petition has become infructuous. Recording the above submission of the learned counsel for the 5th respondent, the writ petition is dismissed as having become infructuous. No costs. ______________ N.V. RAMANA, J Date: 01-4-2005 Svv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Secretary, Govt.of A.P., Revenue Excise-II Dept Secretariat Building Hyderabad. 2 Commissioner of Excise Prohibition Nampally , Hyderabad. 3 The District Collector Nellore. 4 Superintendent , Prohibition & Excise Nellore 5 Two CD copies 6 Two Ccs. to the Government Pleader for Excise, High Court Buildings, A.P., Hyderabad (OUT). Form-NIC-OGS/WP{TRR}