IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND NINE PRESENT HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 13604 of 2003 Between: 1 G.Raj Venkateswara Yadav s/o G.Rama Raju R/o Gudur., Machilipatnam. 2 G.Rama Raju s/o Venkata Subbaiah, R/o Gudur., Machilipatnam. ..... PETITIONERS AND 1 Station House Officer., Gudur Police Station., Gudur., Krishna District. 2 Mandal Revenue Officer., Gudur Mandal., Krishna District. 3 K.Pedda Reddaiah R/o Karakampadu, Krishna District. .....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 an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents No.1 and 2 in registering the Crime No. 69/2003 against the petitioners, as illegal, null, void and quash the same as an abuse of the process of the court and also declare the action of the 2nd respondent having conducted the alleged survey on 20-6-2003 without notice as contrary to law illegal and void and non-est. Counsel for the Petitioners : MR.M.S.PRASAD Counsel for the Respondents : GP FOR HOME The Court made the following : ORDER : When the matter is called, Sri K.Durga Prasad, representing Sri M.S.Prasad, Counsel on record for petitioners, submits that during the pendency of this writ petition, final report is filed in Crime No.69 of 2003 as contemplated under Section 173 of the Criminal Procedure Code, and the competent Court has already adjudicated the matter and acquitted the petitioners from the charges framed against them. In that view of the matter, the subject matter of this writ petition has become infructuous so far as questioning the registration of crime in Crime No.69 of 2003 is concerned. 2. Though the petitioners have also questioned the survey conducted on 20th of June 2003, but as the survey authorities are not made as party-respondents to this writ petition, and the report of the survey conducted on 20th June 2003 is also not placed on record, it is not possible for this Court to adjudicate upon the validity of the said survey. If the petitioners are disputing the survey conducted on 20th June 2003, it is left open for them to seek for conducting of fresh survey with regard to the disputed boundaries between the lands belonging to the petitioners as well as respondent No.3, by making a valid application before the competent authority. 3. Subject to above observation, the writ petition stands disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 2nd April 2009. ajr