IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINETH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 1072 of 2005 Between: B. Krishna Murthy, S/o. Rudranandam, Guntur District Cooperative Central Bank Ltd., Krosur Guntur District. ..... PETITIONER AND 1 Divisional Cooperative Officer(FAC), Guntur, Guntur District. 2 The Sub-Divisional Cooperative Officer, Inspection Officer, The Sakhamuru Primary Agricultural Cooperative Society Ltd. O/o. The Divisional Cooperative Officer, Guntur, Guntur District. 3 Sakhamuru Primary Agricultureal Cooperative Society Ltd., Sakhamuru (V), Guntur District, Represented by its Chairperson 4 Joint Registrar of Cooperative Societies/District Cooperative Officer, Guntur, Guntur District. ..RESPONDENTS Counsel for the Petitioner:None appeared Counsel for respondents 1, 2 & 4: AGP FOR COOPERATION Counsel for respondent No.3: None appeared. The Court made the following : O R D E R: This writ petition is ﬁled for the following substantive relief: “It is therefore prayed that the Hon’ble Court may be pleased to issue a writ, order or direction more particularly in the nature of writ of Mandamus declaring the action of the 4th respondent i.e. the Joint Registrar/District Cooperative Oﬃcer, Guntur in ordering inspection under Section 52 of the Andhra Pradesh Cooperative Societies Act 7 of 1964 into the constitution, working and ﬁnancial position of the 3rd respondent society i.e. Sakhamuru Primary Agricultural Cooperative Credit Society Limited, Sakhamuru Village, Guntur District and the consequential action of the 1st respondent in initiating surcharge notice dated 24- 05-2003 in R.C.No.1500/2000E under Section 60(1) of the said Act against the petitioner, the action of the 1st respondent in lodging a complaint before the Station House Oﬃcer, Thulluru Police Station, Thulluru, through letter Rc.No.1500/2000B3 dated 15-12-2004 in violation of Section 83(3) of the said Act based on the void inspection report in so far as the petitioner is concerned as they are without jurisdiction, unjust, arbitrary, contrary to Sections 52, 60 and 83(3) of the Andhra Pradesh Cooperative Societies Act 7 of 1964, oﬀending Articles 14 & 16 of the Constitution of India and hence set aside the same.” At the hearing, there is no representation for the petitioner. The learned Assistant Government Pleader for Cooperation, on instructions, submitted that after the ﬁling of this writ petition, an order under Section 60 of the Andhra Pradesh Cooperative Societies Act, 1964 was passed on 21- 04-2005, wherein the petitioner was exonerated of the proposed liability. She also stated that the petitioner died on 13-02-2008. Considering the nature of the relief claimed by the petitioner, with his exoneration in the proceedings under Section 60 of the Act, the cause in the writ petition does not survive for consideration. The writ petition is also liable to be dismissed as the same has abated in view of the death of the sole petitioner. For both the above mentioned reasons, the writ petition is dismissed. C.V.NAGARJUNA REDDY, J Dated 29th August, 2008 vrn