IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE P.SWAROOP REDDY WRIT PETITION No.33912 of 1997 Between: 1 N.Venkaiah S/o Venkateswarlu Narasapuram Village, Indukurpeta Mandal, Nellore District. 2 Maruboyina Venkaiah S/o Ramaiah Narasapuram Village, Indukurpeta Mandal, Nellore District. 3 Madaparthi Sudhakar, S/o Venkata Seshaiah Narasapuram Village, Indukurpeta Mandal, Nellore District. 4 Jana Pothaiah S/o Ayyappa Narasapuram Village, Indukurpeta Mandal, Nellore District. 5 Mallala Subba Ramaiah S/o Venkaiah Narasapuram Village, Indukurpeta Mandal, Nellore District. ..... PETITIONER(S) AND 1 The Superintendent, Prohibition & Excise, Nellore. 2 The Circle Inspector, Prohibition & Excise, Nellore. .....RESPONDENT(S) 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 issue Writ of Mandamus declaring proceedings of the 1st respondent in Rc.No.1130/97/A3,dt.312-97 in sofaras appointing the 2nd respondent as person-in-charge of Narasapuram Toddy Tapper Co- operative Society, Narsapuram, Indukurpeta Mandal, Nellore District is illegal, arbitrary and malafide one. Counsel for the Petitioner:MR.M.RAVINDRANATH REDDY Counsel for the Respondent No.: GP FOR PROHIBITION & EXCISE The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE P.SWAROOP REDDY WRIT PETITION No.33912 of 1997 ORDER: (per the Hon’ble Sri Justice V. Eswaraiah) This writ petition is filed seeking a Writ of Mandamus to declare the proceedings of the 1st respondent, dated 03-12-1997, in appointing the 2nd respondent as Person-in-Charge of Narasapuram Toddy Tapper Co- operative Society, Narasapuram, Indukurpeta Mandal, Nellore District, under Section 32 (7) (a) of the A.P.Co-operative Societies Act, 1964 (for short “the Act”) to look after the affairs of the Society, pending disposal of W.P.No.28163 of 1997, as illegal and arbitrary. Learned counsel for the petitioners submits in the earlier writ petition i.e., W.P.No.28163 of 1007, Clause 5(b) of the excise policy for the excise year 1997-98 was questioned. As per Clause 5(b) of the excise policy, if the Society involves in the adulteration of toddy, its licence has to be cancelled and a new society has to be formed with the members, who are not involved in the adulteration of toddy. It is stated that as per the provisions of section 32 (7) (a) of the Act, the 2nd respondent was appointed as person in charge to look after the affairs of the society pending disposal of the earlier writ petition in W.P.No.28163 of 1997 and the said appointment is now challenged in this writ petition. At this stage, it is brought to the notice of this Court that the above said earlier writ petition i.e., W.P.No.28163 of 1997 has been dismissed with liberty to the Toddy Tapper Co-operative Society, Narasapuram, to work out its remedies in accordance with the excise policy. That being the case, since the appointment of the 2nd respondent is only pending disposal of the earlier writ petition, the very appointment itself becomes inoperative. Therefore, we are of the opinion that the cause in this writ petition does not survive for adjudication. Accordingly, this writ petition is dismissed as infructuous. No order as to costs. ________________ V.ESWARAIAH, J _____________________ P.SWAROOP REDDY, J Date: 29-06-2009 Prv