IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTIETH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.V.SANJAY KUMAR WRIT PETITION No.4536 of 1997 Between: Syed Jalal Hussaini S/o. Ahmed Hussaini R/o. Kollampally (V), Narayanpet (M), Mahabubnagar. ..... PETITIONER AND 1The Commissioner of Land revenue Station Road, Nampally, Hyderabad. 2The Dist. Revenue Officer, Mahabubnagar. 3The REVENUE Divisional Officer Narayanapet, Mahabubnagar. 4The Mandal REVENUE Officer Narayanapet, Mahabubnagar. 5Syed Qutubullah Hussaini S/o. Syed Qutbi Hussaini R/o. Kollampally (V), Narayanpet (M), Mahabubnagar. 6A.P.State Wakf Board rep.by its Secretary Chief Executive Officer (R6 is impleaded as per C.O. dt: 23/2/99 in WPMP 33835/97) 7Smt. Beejani W/o. late Qudratullah Hussaini Kollampally Vg., Narayanapet Mandal, Mahabubnagar District 8Hafeezullah Hussaini S/o. late Qudratullah Hussaini Kollampally Vg., Narayanapet Mandal, Mahabubnagar District 9Qutbe Hussaini S/o. late Qudratullah Hussaini Kollampally Vg., Narayanapet Mandal, Mahabubnagar District RR 7to9 brought on record as LRs of deceased R5 as per court order dt. 22-3-2007 in WPMP 6949 of 2007 .....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 may be pleased to issue a writ or order or direction more in the nature of writ of Mandamus declaring the proceedings No. C.3058/77, dt: 25/3/88 of the Respondent No.4 as conﬁrmed in orders in A/144/89, dt: 30/1/1989 of Respondent 3 and order in B8/3784/88, dt: 4/12/1989 of 2nd Respondent and proceedings No.BCW6/947/92, dt: 2/8/96 & 19/10/1996 of 1st respondent as bad illegal and void and set aside the same. Counsel for the Petitioner:MR.A.NARASIMHA RAO Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE MR JUSTICE P.V.SANJAY KUMAR WRIT PETITION No.4536 of 1997 ORDER: This writ petition arises out of a dispute with regard to usage of water from the well situated in Sy.No.626, Kollampally Village of Narayanpet Mandal. It is an admitted fact that the well is situated in the property belonging to ‘Darga Shareef of Hazrath Syed Shah Ahmad Khatal Hussaini’ and that the 5th respondent in the writ petition had raised a dispute with regard to utilisation of the water from this well by the petitioner for irrigation purposes. It appears that there was long and protracted litigation between the parties and in the present writ petition, the proceedings dated 02-08-1996 and 19-10-1996, passed by the Commissioner of Land Revenue, Hyderabad, in culmination of such litigation are challenged. When the matter was taken up for hearing, Sri A.Narasimha Rao, learned counsel appearing for the petitioner, placed before me the proceedings issued by the Tahsildar, Narayanpet Mandal, bearing No.C/6864/2008, dated 07-10-2008, recording the fact that the well situated in Sy.No.626 had dried up and as it was posing a safety threat to the devotees who came to the Darga, permission was accorded for closure of the said dried up well. In view of the proceedings issued by the said Authority, learned counsel for the petitioner fairly conceded that no cause would survive for adjudication in the present writ petition. Recording the said submission, the writ petition is dismissed. There shall be no order as to costs. ___________ 20-10-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{JPK}