IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 4639 of 2005 Between: J. Rajaiah S/o. Ashalu R/o. Quarter No. 2236/D, Sector II Colony, Tilaknagar, Godavarikhani, Karimnagar District. ..... PETITIONER AND The Singareni Collieries Company Limited, Rep. by its General Manager, RG-I area, Godavarikhani, Karimnagar District. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ or order or direction, especially one in the nature of Writ of Mandamus; i) declaring the action of the respondent in disconnecting the power and water supply to the petitioner's quarter No. D.2236 thereby and coercing the petitioner to vacate the quarter without issuance of any notice even while proceedings initiated under the A.P. Public Premises (Eviction of unauthorized Occupants) Act 1968, are pending before the respondent as illegal, arbitrary and set aside the same. ii) consequently direct the respondent not to take any coercive steps against the petitioner to vacate the petitioner's Quarter No. D.2236 duly restoring the power and water supplies iii) and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.K.VASUDEVA REDDY Counsel for the Respondents: MR.NANDIGAM KRISHNA RAO The Court made the following : O R D E R: The petitioner seeks a writ of Mandamus declaring the action of the respondent in disconnecting the power and water supply to his quarter bearing No.B-2236/D, Sector II Colony, Tilaknagar, Godavarikhani, thereby coercing him to vacate the quarter, even while the proceedings initiated under the Andhra Pradesh Public Premises (Eviction of Unauthorised Occupants) Act, 1968 (for short “the Act”) are pending, as illegal and arbitrary. Petitioner was appointed as Clerk Grade-II in the respondent- Singareni Collieries Company Limited on 12-07-1993 and he was allotted Quarter bearing No.B-2236/D. On the ground of misappropriation of certain funds, he was dismissed from service with effect from 17-05-2001 and by letter dated 07-11-2001, he was asked to vacate the quarter. As he did not vacate the quarter, form-A notice, dated 12-08-2004, was issued under the Act to appear before the respondent on 22-08-2004. Subsequently another notice dated 13-12- 2004 was also issued for his appearance before the respondent on 19- 12-2004. But, the petitioner did not choose to appear before the respondent. However, today, it is submitted by learned counsel appearing for the respondent that the petitioner has vacated the quarter and handed over its vacant possession on 04-03-2008. In view of the aforesaid submission, nothing survives for adjudication in the writ petition, which is accordingly dismissed as infructuous. No order as to costs. ________________ V.ESWARAIAH, J Dated 10th March, 2008 vrn ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{VSMI}