IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.7626 of 2005 Between: 1 Danthuluri Buchi Venkat Krishnam Raju s/o Late Ramachandra rAju R/o Kotha Kovvada, Padmanabham Mandal, Visakhapatnam District 2 Danthuluri Gopala Krishna Murthy Raju s/o Late Ramachandra Raju R/o Kotha Kovvada, Padmanabham Mandal, Visakhapatnam District ..... PETITIONERS AND 1 The Sub Divisional Magistrate-cum-Revenue Divisional Officer, Vizianagaram 2 The Inspector of Police, Shrungavarupukota Circle, S.Kota, Vizianagaram District 3 Doddi Tatababu S/o Appanna R/o Gangupudi, L. Kota Mandal, Vizianagaram District 4 Doddi Suryanarayana S/o Appanna R/o Gangupudi L. Kota Mandal, Vizianagaram District 5 Doddi Appanna R/o Gangupudi L. Kota Mandal, Vizianagaram District 6 Paluparthi Somunaidu S/o not known r/o Pedaraopalli Kothavalasa Mandal, Visakhapatnam District 7 Paluparthi Chinamnaidu S/o not known r/o Pedaraopalli Kothavalasa Mandal, Visakhapatnam District .....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 appropriate Writ, order or direction more particularly one in the nature of Writ of Mandmaus declaring the proceedings initiated under Sec 146 Cr.P.C. against the land of the petitioner in S. No. 3,4,7 and 11 of Peddaraopalli Village, Kothavalasa Mandal Vizianagaram District, by the 1st respondnet herein as illegal arbitrary and without authority of law and consequently direct the respondnets not to interfere with the petitioners' possession and enjoyment of the petitioners land in S.No. 3,4,7 and 11 of peddaraopalli Village, Kothavalasa Mandal, Vizianagaram District, and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case Counsel for the Petitioner:MR.N.SIVA REDDY Counsel for the Respondent No.: GP FOR HOME The Court made the following: Form-NIC-OGS/WP{TRT} THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.7626 of 2005 ORDER: The petitioners filed the present writ petition questioning the impugned proceedings issued under Sec.146 Cr.p.c. by the 1st respondent-the Sub-Divisional Magistrate-cum-Revenue Divisional Officer, Vizianagaram, authorizing the Mandal Revenue Officer, Kottavalasa to attach riped usufruct in the tope in Sy.Nos.3, 4, 7 and 11 of Pedaraopalli village of Kottavalasa Mandal by taking and keeping possession thereof, and to hold the same under attachment until the decree or order of a competent Court determining the rights of the parties or the claim to possession of the same is passed. The learned counsel appearing for the petitioners submits that subsequent to passing of the impugned proceedings in the present writ petition, the Revenue Divisional Officer initiated proceedings under Sec.145 Cr.p.c. and the said proceedings have been questioned in a subsequent writ petition, and therefore, the subject matter of this writ petition has become infructuous. In view of the above, the Writ Petition is dismissed as infructuous. No order as to costs. _____________________ V.ESWARAIAH,J Dated: 16.07.2008 Dsr .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Sub Divisional Magistrate-cum-Revenue Divisional Officer, Vizianagaram 2 The Inspector of Police, Shrungavarupukota Circle, S.Kota, Vizianagaram District 3 2. 2CCs to 4. 2CD copies