IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 5094 of 2006 Between: C.V. Jagannadha Raju S/o. Varahala Raju Vizianagaram District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep. by its Special Secretary, Secretariat Buildings, Hyderabad. 2 The Divisional Forest Officer, Vizianagaram. 3 The Sub-Divisional Forest Officer, Parvathipuram, Vizianagaram District/ Salur, Vizianagaram District. 4 The Principal Chief Conservator of Forests, 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 will be pleased to issue a writ of Mandamus or any other appropriate writ or direction declaring to cut the Dry cuts and semi Green Bamboo cuts as per the details of enumeration of Kodumuru Mokhasa Innam Land, In Saluru section of Saluru Range for the year 2005 -2006 to 2007-08, pending finalization of Management Plan by the 4th respondent as illegal, Arbitrary in violation of Article 14 &21 of the constitution of India and without jurisdiction and consequently direct the respondents 1 to 4 to permit the petitioner to cut the Dry cuts and Semi Green Bamboo cuts and Semi Green Bamboo cuts in S.No.48 and T.D.No.739 of Kudurmuru Mokhasa Lands of Saluru Section in Saluru Ranga and transport the same as per the details of enumeration for the year,2005-06 to 2007-08 and pass such other order or orders as may be just. Counsel for the Petitioner:MR.RAMA RAO MAVIDI Counsel for the Respondent No.: GP FOR FORESTS The Court made the following : ORDER This writ petition has been filed by C.V.Jagannadha Raju assailing the action of the respondents in not permitting the petitioner to cut the Dry cuts and Semi Green Bamboo cuts as per the details of enumeration of Kodumuru Mokhasa Innam land, in Saluru Section of Saluru Range for the years 2005-2006 to 2007-2008, pending finalization of Management plan by the 4th respondent, as arbitrary and illegal. On 16.03.2006 rule nisi came to be issued. An interim order came to be passed on 27.4.2006 in WPMP No.6472 of 2006, which reads as hereunder: “In this WPMP, the petitioner is seeking direction to permit him to cut and transport the dry bamboo cuts and semi green bamboo cuts laying on the land in Sy.No.48 & TD No.739,situate in Salur Section of Salur Range, Pachipenta Mandal, Vizianagaram District. It is submitted by the learned counsel appearing on either side, that management plan is already prepared in this behalf and it is pending consideration before the competent authority i.e., Principal Chief Conservator of Forests, Hdyerabad. As much as the competent authority has not taken any decision and proposals are pending consideration for the last eight months, there shall be a direction to the fourth respondent to consider such management plan so as to permit the petitioner to cut and transport dry bamboo cuts and semi green bamboo cuts laying on the land in question as per his representation and pass appropriate orders within a period of four weeks from the date of receipt of this order.” Learned counsel appearing for the petitioner submits that pursuant to the interim order, the petitioner has cut the Dry cuts and Semi Green Bamboo cuts and therefore, the cause in the writ petition does not survive for adjudication. Recording the aforesaid submission, the writ petition is dismissed as infructuous. No costs. _________ 23-07-2008 rkk