IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 17892 of 1997 Between: Doney Veerabadra Rao S/O Surya Rao R/O. Mallem, Pithapuram (M), E.G. Dist. ..... PETITIONER AND 1 The Secretary to Government, I & CAD. Dept., Secretariat, Hyderabad. 2 The Commissioner, CADA-cum-Election Authority, Secretariat, Hyderabad. 3 The District Collector, E.G. Dist. at Kakinada. 4 The Election Officer-cum-Asst. Engineer, R & B Pithapuram (M), E.G. Dist. 5 Sri K.V. Mohan Rao s/o not known r/o Mallam, Pithapuram (M) E.G. Dist. .....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 will be pleased to issue a Writ, Order or direction more particularly one in the nature of WRIT MANDAMUS declaring the action of the Respondents in not making an enquiry regarding the disqualification of the 5th Respondent to continue as President, of 9, Mallam Water Users Association, Pithapuram (M) E.G. Dist. as illegal and arbitrary and consequently direct the Respondents to conduct the enquiry about the disqualification of the 5th Respondent on the basis of the certificate issued by the Village Administrative Officer, Pothuru Village, Prathipadu (M) E.G. Dist and to declare that the 5th Respondent is disqualified to hold the said post and pass Counsel for the Petitioner:MR.D.KODANDARAMI REDDY(Not Present) Counsel for the Respondent Nos1 to4: GP FOR IRRIGATION & COMM AREA DEV. The Court made the following : ORDER: The issue involved in the present writ petition is with regard to elections held on 17- 6-1997 for the post of President of Mallam Water Users Association and for not making an enquiry regarding the disqualification of the 5th Respondent to continue as President, of 9, Mallam Water Users Association, Pithapuram (M) E.G. Dist. Learned counsel for petitioner is called absent. Learned Government Pleader for Irrigation submitted that the cause in the writ petition does not survive and it has become infructuous. Accordingly, the writ petition is dismissed as infructuous. No costs. _____________ N.V.RAMANA,J 18-3-2005 TVK ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Secretary to Government, I & CAD. Dept., Secretariat, Hyderabad. 2 The Commissioner, CADA-cum-Election Authority, Secretariat, Hyderabad. 3 The District Collector, E.G. Dist. at Kakinada. 4 The Election Officer-cum-Asst. Engineer, R & B Pithapuram (M), E.G. Dist. 5. 2 CD copies The Government Pleader for Irrigation, High Court of A.P. Buildings, Hyderabad (OUT) Form-NIC-OGS/WP{KMR}