IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.V.SANJAY KUMAR WRIT PETITION No : 1960 of 2001 Between: Visakapatnam City SC, BC&EBC Welfare Association, R.No.396/81 Rep by its Vice President, T.Maria Das. Sri Sri Varahagiri Colony, Salagramapuram(Post), Visakapatnam. ..... PETITIONER AND 1 Government of A.P. Rep by its Prl.Secretary Endoments Departments, Secretariat, Hyderabad. 2 Sri Varahagiri Lakshmi Narasimha Swamy Devastanam, Rep by its Executive Officer, Simachalam, visakapatnam. 3 The Land Regularisation Committee, Rep by its the Joint Collector, Visakapatnam. .....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 order Writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent in seeking to evacuate Colony in Survey No.275 in Adaviram Village of Visakapatnam District Without considering applicability of paragtraph 10(a) of G.O.Ms.No.578, Dt.19.8.2000 and ﬁxing the price of the land in which the petitioner's have been living from 1979 as Rs.1500/- per sq.Yard without regard to the amounts already paid, local condition and the paying capacity of the members of the petitioner Society and basing on the Basic value register of an Urban Commercial area as illegal, arbitrary, Unconstitutional and consequently direct the respondent to allot the land at the prices agreed to by Simhachalam Devasthanam. Counsel for the Petitioner: MR.SRINIVASA RAO BODDULURI Counsel for the Respondent : MR.M.ADINARAYANA RAJU FOR R The Court made the following : THE HON'BLE MR JUSTICE P.V.SANJAY KUMAR WRIT PETITION No : 1960 of 2001 O R D E R: This Writ Petition is ﬁled seeking a declaration that the action of the Respondents in asking the members of the Petitioner-Welfare Association to vacate the premises in Sy.No.275, Sri Varahagiri Colony, Adivivaram Village, Visakhapatnam District without considering the applicability of G.O.Ms.No.578, dated 19-08-2000 is illegal. The aﬃdavit ﬁled in support of the Writ Petition would show that the Petitioner’s grievance is that the impugned action was sought to be taken without reference to the policy of regularization envisaged under G.O.Ms.No.578, dated 19-08-2000. Heard Sri Srinivasa Rao Bodduluri, learned counsel for the Petitioner and Sri M.Adinarayana Raju, learned counsel for the Second Respondent. It is brought to the notice of this Court that G.O.Ms.No.578, dated 19-08-2000 relied upon by the Petitioner is no longer in force. The said G.O. appears to have been replaced by G.O.Ms.No.253, dated 08-03- 2005, which was also cancelled thereafter. In view of this fact, the issue sought to be raised by the Petitioner in the present Writ Petition does not survive as there is no policy of regularization of encroachments in respect of the lands belonging to the Second Respondent at present. The Writ Petition is therefore dismissed reserving liberty to the Petitioner to make an application for regularization in the event of a policy being ﬂoated in this regard in future. There shall be no order as to costs. _______________________ P.V.SANJAY KUMAR,J Date: 17-09-2008 KLP