IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE NINETEENTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH AND THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No: 3872 of 2005 BETWEEN: Vijay Kumar Puri S/o Karam Chand Puri, R/o Plat No. 401, Anand Nagar Colony Khairatabad, Hyderabad. ... PETITIONER AND 1 The Chief Metropolitan Magistrate, City Criminal Court, at Nampally, Hyderabad. 2 Punjab and Sind Bank rep by General Manager Abids Road, Hyderabad rep by Sri Kulbir Singh. 3 Asset Recovery management Yard (P) Ltd., Near Reddy Womens College, Hyderabad. 4 Sri Tirupathaiah Advocate, The Advocate Commissioner, In Crl.M.P. No. 66 of 2005 Chief Metropolitan Magistrate Court, City Criminal Court, Hyderabad. 5 Mr. Ashok Kumar Ravi S/o late Rajenderlal Ravi, At D.No. 5-1-839, 2nd floor, Abid Road, 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 a Writ, order or direction more particularly one in the nature of writ of Mandamus declaring that the respondents have no right to evict the petitioner from the premises bearing M.C. No. 4-1-839/D, Consisting of 2nd and 3rd floor situated at Mahatma Gandhi Road, Abids, Hyderabad, under the grab of the order passed by the 1st respondent in Crl M.P. No. 66 of 2005 dated 11-2-2005 as he has no jurisdiction and competency to evict the petitioner, consequently the respondents may be directed to take due course of law to evict the petitioner from the above premises, and pass such other order or orders as this Hon'ble Court deems fit and necessary in the circumstances of the case. Counsel for the Petitioner: MR.MOHD.MOIN AHMED QUADRI Counsel for the Respondents: SMT. M. BHASKARA LAKSHMI SC FOR APHC MR. DEEPAK BHATTACHARJEE The Court made the following: ORDER: (per Hon’ble Sri Justice V. Eswaraiah) Learned counsel for the petitioner submits that the subject matter of the writ petition has become infructuous and there survives no cause for adjudication. Recording the above submission, the writ petition is accordingly dismissed as infructuous. There shall be no order as to costs. ______________ V. ESWARAIAH, J _____________________ VILAS V. AFZULPURKAR, J January 19, 2009 DSK/CBS