IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT: THE HON'BLE SRI JUSTICE V. ESWARAIAH AND THE HON'BLE SRI JUSTICE P. SWAROOP REDDY WRIT PETITION No.13119 OF 2000 Between: 1 Pattan Hussain Khan S/o. Khasim Khan R/o.Sangam Village & Mandal, Nellore District. 2 S.K. Shafi S/o. Khaza Moinuddin Sangam Village & Mandal, Nellore District. 3 S.K.Khaja Mohiddin S/o.Silar Saheb Sangam Village, Mandal, Nellore District. ..... PETITIONER(S) AND 1 The District Collector, Nellore. 2 The Superintendent of Police, Nellore. 3 The Executive Officer, Panchayat Raj, Sangam Village & Mandal, Nellore. 4 The Mandal Revenue Officer, Sangam Village & Mandal, Nellore District. .....RESPONDENT(S) 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 order or direction more particularly in the nature of Writ of Mandamus declaring the action of the respondents herein not to interfere with the running the business of the petitioners situated at Sangam Village & Mandal Nellore as illegal, arbitrary and void and to pass such other or further orders as this Hon'ble Court may deem fit. Counsel for the Petitioners : SRI MIRZA NUSRATHALI BAIG Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : ORDER: (Per Hon’ble Sri Justice V. Eswaraiah) The petitioners seek to issue a Writ of Mandamus directing the respondents not to interfere with the running of their business at Sangam Village and Mandal, Nellore District. 2. A counter is filed on behalf of the respondents stating that in pursuance of the orders dated 19-11-1999 in complaint No.77/99/B2 of the Upalokayuktha, A.P., Hyderabad, a preliminary inquiry was conducted. It is further stated that pursuant to the inquiry report, the Mandal Revenue Officer by initiating eviction process under Sections 7 and 6 of the Andhra Pradesh Land Encroachment Act, evicted the petitioners on 10-07-2000 and the site in question was handed over to the Gram Panchayat and as the encroachers again encroached the site, they were again evicted on 21-07-2000 with the help of the police. 3. In the circumstances, we are of the opinion that cause in this writ petition does not survive requiring any further adjudication, as such, the petition is liable to be dismissed as infructuous. 4. Accordingly, the Writ Petition is dismissed as infructuous. ____________________ V. ESWARAIAH, J July 14, 2009. ____________________ P. SWAROOP REDDY, J PV