THE HON'BLE SRI JUSTICE V.ESWARAIAH and THE HON'BLE SRI JUSTICE P.SWAROOP REDDY W.P.No.6744 of 2000 ORDER: (per Hon'ble Sri Justice P.Swaroop Reddy) This writ petition is filed assailing the order, dated 29-03-2000, passed by the Lokayuktha in Complaint No.1231/99/B2. The main grievance of the petitioner is that he was directed to vacate room No.5 at M.V.S.Choultry, Achari Street, Nellore, which was in his possession and that the 3rd respondent was asked to take possession of the same. The order of the Lokayuktha refers to several aspects of the matter relating to fixation of pay etc., which are not relevant to decide this writ petition at this stage particularly in view of the relief claimed by the petitioner in the writ petition. Learned counsel for the petitioner contends that the petitioner is in possession of only one room and not three rooms as contended by the contesting respondents and that one room also is in possession by virtue of his official capacity as clerk of the Charity and that has been the practice ever since 1954 and he cannot be directed to vacate that room contrary to the practice. On 22-07-2009, learned counsel for the petitioner sought time to get instructions as to whether the petitioner was still in possession of room No.5 at M.V.S.Choultry, Achari Street, Nellore. Now, the learned counsel for the petitioner reports that he could not contact his client. Irrespective of the fact whether the petitioner is in possession of the room by virtue of his being a clerk of the Charity in his official capacity or not, by now, he must have attained the age of 58 years and he must have retired from service, as he was aged 49 years at the time of filing of the writ petition in the year 2000. In the circumstances, without going into the correctness of the findings of the Lokayuktha asking the petitioner to vacate the room, we dismiss the writ petition as infructuous. There shall be no order as to costs. ________________ V.ESWARAIAH, J _____________________ P.SWAROOP REDDY, J Date: 29-07-2009 Prv