IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.4421 of 2009 Between: Chitta Vijayabhaskar Reddy, S/o. Narsi Reddy, R/o. Sattenapalli, Guntur District. ...Petitioner And 1. The State represented by the Principal Secretary to Government of Andhra Pradesh, Education Department, Secretariat, Hyderabad. 2. The Commissioner & Director of Municipal Administration, Andhra Pradesh, Hyderabad. 3. The Municipal Corporation of Guntur, Guntur, Guntur District, represented by its Commissioner. 4. The Tenali Municipality, Tenali, represented by its Commissioner. 5. The Bapatla Municipality, Bapatla, represented by its Commissioner. 6. The Sattenapalli Municipality, Sattenapalli, represented by its Commissioner. 7. The Chilakaluripeta Municipality, Chilakaluripeta, represented by its Commissioner. 8. The Ponnuru Municipality, Pnnuru, represented by its Commissioner. 9. The Mangalagiri Municipality, Mangalagiri, represented by its Commissioner. 10.The Macherla Municipality, Macherla, represented by its Commissioner. 11.The Vinukonda Municipality, Vinukonda, represented by its Commissioner. 12.The Piduguralla Municipality, Piduguralla, represented by its Commissioner. 13.The Narasaraopet Municipality, Narasaraopet, represented by its Commissioner. 14.The Repalle Municipality, Repalle, represented by its Commissioner. ...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 writ or direction particularly in the nature of mandamus or any other appropriate writ declaring the action of the respondents in not transferring the library cess levied and collected in the form of surcharge on the property tax or house tax forthwith in favour of Zilla Grandhalaya Samstha, Guntur, as illegal, void arbitrary, and thereby violating the provisions of the A.P. Public Librarires Act, 1960 particularly Sections 20 and 21 and G.O.Ms.No.68 dated 12.9.2007 on the file of the 1st respondent and consequently direct the respondents to transfer and continue to transfer. Counsel for the petitioner : Sri V.R. Avula Counsel for respondent No.1 : Government Pleader for Education Counsel for respondent No.2 : Government Pleader for Municipal Administration Counsel for respondent Nos.3 to 14: None The Court made the following: ORDER: (Per Sri Anil R. Dave, C.J.) This is a public interest litigation wherein the petitioner has made a grievance that the respondent authorities are collecting library cess, but the amount of cess so collected is not being used for public libraries. When this petition was notified for hearing on 4th March, 2009, the learned Government Pleader for Municipal Administration had submitted that a sum of Rs.42.12 Crores had been collected by way of library cess and a sum of Rs.4 Crores had already been released in favour of the Director of Public Libraries so that the said amount can be used for the purpose of maintaining libraries. The learned Government Pleader for Municipal Administration has submitted today that the remaining amount of cess collected has been released on 26th March, 2009. Thus, it has been submitted that the entire amount which had been collected by the municipal authorities towards library cess has been now released so that the said amount can be used for libraries. On the facts stated hereinabove, we are satisfied that the amount of library cess collected by municipal authorities has been appropriated for use by libraries. As the grievance ventilated in the petition has been now redressed, the petition does not survive. The petition stands disposed of with no order as to costs. ANIL R. DAVE, C.J. 6th April, 2009 RAMESH RANGANATHAN, J. To 1. The Principal Secretary to Government of Andhra Pradesh, Education Department, Secretariat, Hyderabad. 2. The Commissioner & Director of Municipal Administration, Andhra Pradesh, Hyderabad. 3. The Commissioner, Municipal Corporation of Guntur, Guntur, Guntur District. 4. The Commissioner, Tenali Municipality, Tenali. 5. The Commissioner, Bapatla Municipality, Bapatla. 6. The Commissioner, Sattenapalli Municipality, Sattenapalli. 7. The Commissioner, Chilakaluripeta Municipality, Chilakaluripeta. 8. The Commissioner, Ponnuru Municipality, Pnnuru. 9. The Commissioner, Mangalagiri Municipality, Mangalagiri. 10.The Commissioner, Macherla Municipality, Macherla. 11.The Commissioner, Vinukonda Municipality, Vinukonda. 12.The Commissioner, Piduguralla Municipality, Piduguralla. 13.The Commissioner, Narasaraopet Municipality, Narasaraopet. 14.The Commissioner, Repalle Municipality, Repalle. 15. Two copies to the Govt. Pleader for Education, High Court Buildings, Hyderabad (OUT). 16. Two copies to the Govt. Pleader for Municipal Administration, High Court Buildings, Hyderabad (OUT). 17.Two CD copies. ARS