IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 8726 of 2008 Between: 1 Kanala Bala Venkata Ramesh, S/o.Kanala Gurumurthy, Resident of Eluru, West Godavari District. 2 Smt. Kanala Bhanulatha, W/o.Sri Kanala Bala Venkata Ramesh, Resident of Eluru, West Godavari District. ..... PETITIONER(S) AND 1 The District Collector, Eluru, West Godavari Dsitrict. 2 The Revenue Divisional Officer, Eluru, West Godavari Dsitrict. 3 Mandal Revenue Officer Pedavegi Mandal, West Godavari District. 4 Police Department Rep by the District Superintendent of of Police, West Godavari District, Eluru. 5 Sri Adavi Venkata Nagaraja Kumar, s/o. Sri Soma Sundar Rao, R/o. Rayannapalem Village, Rayannapalem Mandal, West Godavari District. 6 Sri Bayarapu Francis, S/o. Somayya, R/o. Thangellamudi Village, Pedavegi Mandal, West Godavari District. 7 Sri Ilisiala Yeshayya, S/o. David, R/o. Eluru, West Godavari District. 8 Sri Gottipati Surya Prabhakar Rao, S/o Lakshmi Perumallu, R/o. Rayannapalem Village, Rayannapalem Mandal, West Godavari 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 to issue a Writ or Orderor Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents 1 to 3 in handing over the possession of the land belonging to the Petitioners herein, measuring Ac. 20.00 cents situated in R.S.No. 556/2 of Pedavegi Village and Mandal, West Godavari District, to the 4th Respondent Police authorities, by dispossessing the Petitioner, further the action of the 2nd Respondent in Canceling the Pattadar Pass Books /Title Deeds bearing Nos. E 667872 and E 660907 issued to the Petitioners herein after making necessary entries in the revenue records, by superseding the orders of the Government, with out any authority of law, as null and void, as the same is highly unlawful, arbitrary, unconstitutional, malafide, unreasonable and is violative of the provisions of the A.P. Board Standing Orders and also violative of rights guaranteed under Article 300 A of the Constitution of India, consequently direct the respondent authorities 1 to 4 and their subordinates to handover the peaceful and vacant possession of the subject lands situated in R.S.No. 556/2 of Pedavegi Village to the Petitioners herein and pass Counsel for the Petitioner:MR.P.MURALI KRISHNA PRASAD Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No. 8726 of 2008 Order: This writ petition is filed seeking the following relief: “To issue a Writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondent Nos.1 to 3 in handing over the possession of the land belonging to the petitioners herein, admeasuring Ac.20.00 cents, situated in R.S. No.556/2 of Pedavegi village and Mandal, West Godavari District, to respondent No.4-Police authorities, by dispossessing the petitioners, further the action of respondent No.2 in canceling the Pattadar Passbooks/Title Deeds bearing Nos.E667872 and E 660907 issued to the petitioners herein after making necessary entries in the revenue records, by superseding the orders of the Government, without any authority of law, as null and void, as the same is highly unlawful, arbitrary, unconstitutional, mala fide, unreasonable and is violative of the provisions of the A.P. Board Standing Orders and also violative of rights guaranteed under Article 300-A of the Constitution of India, consequently direct the respondent authorities 1 to 4 and their subordinates to handover the peaceful and vacant possession of the subject lands situated in R.S. No. 556/2 of Pedavegi village to the petitioners herein.” When the matter is taken up for hearing today, it is submitted by the learned counsel for the petitioners that during the pendency of this writ petition, the revision petition filed by the petitioners, as against the orders dated 15.02.2008 passed by the 2nd respondent-Revenue Divisional Officer, Eluru, was dismissed by the Joint Collector, West Godavari, Eluru, by his orders dated 29.05.2008, and in view of that nothing survives for adjudication in the writ petition and the matter has become infructuous. He further submits that he wants to challenge the said order dated 29.05.2008 passed by the Joint Collector, West Godavari, Eluru. Recording the said submission, the writ petition is dismissed as infructuous. However, it is open for the petitioners to challenge the order dated 29.05.2008, passed by the Joint Collector, West Godavari, Eluru. No costs. ___________________ N.V. RAMANA, J. Date: 17.07.2008 Nsr