IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.19461 of 2008 Between: Syed Sultan Zaidi, S/o. Syed Vicar Hussain Zaidi, R/o. H.No. 9-11-316/3, Naya Qila Golconda Fort, Hyderabad. ..... PETITIONER AND 1 The District Collector, Hyderabad District, Nampally Station Road, Hyderabad. 2 The Revenue Divisional Officer, Hyderabad East Division, Station Road Nampally, Hyderabad. 3 The Tahsildar, Golconda Mandal, Hyderabad. .....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 issue Writ, Order or direction more particularly one in nature of writ of Mandamus declaring the action of the respondents in demolishing the part of the structures over the petitioner property to the extent of 3750 Square Yards in Survey No.293 correlated to Town Survey Nos. 6 & 8, situated at Qila Mohammed Nagar, Golconda Mandal, Hyderabad, pending appeal ﬁled by the petitioner herein before the 2nd respondent in Appeal No.B/5365/2005 under Section 10 of A.P.L.E. Act III 1905 as illegal, arbitrary and in violation of principles of natural justice. Counsel for the Petitioner: MR.B.SHESHU KUMAR Counsel for the Respondents: GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.19461 OF 2008 ORDER: This writ petition is ﬁled seeking a writ of Mandamus declaring the action of the respondents in demolishing part of the structures over the property of the petitioner in an extent of 3750 sq.yards in Sy.No.293, correlated to Town Sy.Nos.6 and 8, situated at Qila Mohammed Nagar, Golconda Mandal of Hyderabad, pending consideration of the appeal ﬁled by him in Appeal No.B/5365/2005 under Section 10 of the Andhra Pradesh Land Encroachment Act, 1905, before the 2nd respondent- Revenue Divisional Oﬃcer, Hyderabad East Division, as arbitrary and illegal. 2. It is the case of the petitioner that he is the owner and possessor of the land in an extent of Ac.5-27 gts. in Sy.No.293 situated at Qila Mohammed Nagar, Golconda Mandal of Hyderabad, having purchased the same from his vendor namely Narsaiah, under an agreement of sale dated 07.01.1983. While so, the Mandal Revenue Oﬃcer, Golconda Mandal, passed an order on 29.11.2005, while issuing a notice under Section 6 of Andhra Pradesh Land Encroachment Act, 1905 (for short ‘the Act’) to the petitioner, stating that the land in question is a Government land and he is in unauthorized occupation of the same and, therefore, he was directed to vacate the said land. Aggrieved by the same, the petitioner preferred an appeal, vide Appeal No.B/5365 of 2005, before the 2nd respondent – Revenue Divisional Officer, Hyderabad East Division, who ordered status quo to be maintained pending disposal of the appeal. The grievance of the petitioner is that though the appeal ﬁled by him is pending before the 2nd respondent and status quo order is still subsisting, the respondents are trying to demolish the structures raised by him on the land in question. 3. Today, when the matter is taken up, learned Government Pleader for Revenue produced a copy of the order, dated 16.08.2008, passed by the 2nd respondent, dismissing the appeal ﬁled by the petitioner. It is also submitted by the learned Government Pleader that pursuant to the said order passed by the 2nd respondent, possession of the land in question was also taken over. 4. In view of the above, nothing survives in this writ petition for adjudication and the same is liable to be dismissed. Accordingly, the writ petition is dismissed. No order as to costs. ______________ N.V. RAMANA,J 8th September, 2008 IBL