IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.9821 of 2003 Between: B.Y.Kesavulu, S/o. Nagappa, Hindu, Fair Price Shop Dealer, R/o. Utakonda Village, Peapully Mandal, Kurnool District. ..... PETITIONER AND The Mandal Revenue Officer, Peapully Mandal, Kurnool District. .....RESPONDENT 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 pleased to issue any writ or order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondent in not issuing essential commodities to the petitioner for the purpose of distribution to the card holders of Utakonda Village of Peapully Mandal as illegal and arbitrary and direct the Respondent to issue essential commodities to the distribution untill appropriate orders are passed by the Revenue Divisional Officer, Kurnool in accordance with the earlier direction of this Hon'ble Court passed in W.P. No. 25029/1996 and pass Counsel for the Petitioner: MR.RAJA REDDY KONETI Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following: Form-NIC-OGS/WP{MSKM} THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.9821 of 2003 ORDER: The petitioner seeks to issue a Writ of Mandamus, declaring the action of the respondent in not issuing essential commodities for the purpose of distribution to the card holders of Utakonda village of Peapully Mandal, in pursuance of the earlier order of this Court passed in W.P.25029/1996, dated 16.12.2002, as illegal and arbitrary. In W.P.25029/1996 this Court directed that the respondent should complete the enquiry under Sec.6-A of the Essential Commodities Act, within a period of three months from the date of the order, and till disposal of the same, the interim order granted earlier, permitting the petitioner to continue the dealership, is directed to be continued. It is stated that subsequently, the enquiry has been completed and therefore, the cause of action in this writ petition does not survive and the writ petition has become infructuous. The Writ Petition is, accordingly, dismissed as infructuous. However, it is always open for the petitioner to question the outcome of the final order passed, if he so aggrieved. No order as to costs. _____________________ V.ESWARAIAH,J Dated: 03.04.2008 Dsr .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. The Mandal Revenue Officer, Peapully Mandal, Kurnool District. 2 2. 2CCs to 3. 2CD copies