IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 9050 of 1999 Between: The Visakhapatnam Regional Transport Dept. Employees Coop. House Building Society Ltd., registered in 1969 with Regn.No.B.1427 Visakhapatnam rep. by its Secretary. ..... PETITIONER AND 1 The Govt. of A.P. rep. by its Secretary, Revenue (Endts.IV) Dept., Secretariat, Hyderabad. 2 The District Collector, Visakhapatnam. 3 The Executive Officer, Sri Varaha Lakshminarasimha Swamy Devasthanam, Simhachalam, Visakhapatnam District. 4 The Visakhapatnam Urban Development Authority (VUDA) rep. by its Vice-Chairman, Visakhapatnam. 5 The Commissioner of Endowments Tilak Road,Hyderabad. (R-5 is impleaded as per C.O. Order Dt. 27.8.2004 in WPMP.No. 17212 of 2004.) .....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 MANDAMUS directing the first respondent to accord permission to the third respondent for conveyance of Melivarammrights to the petitioner society in respect of land measuring Ac.12.60 cents in S.No. 275/1A of Adivivaram (V), Visakhapatnam District by receiving 1/3rd of the sale value or basic value as entered in the Registers of the Registration Department on the crucial dates namely 31-3-1982 and 6-4-1982 respectively on which dated the two sale agreements were executed by the vendor whichever is higher for issuing No Objection Certificate by the third respondents to the petitioner society in respect of the above land to enable the approval of the lay-out by the fourth respondent as per rules to the petitioner society and pass such other orders. Counsel for the Petitioner:MR.J.VENUGOPAL RAO Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE GODA RAGHURAM Writ Petition No. 9050 of 1999 Oral Order: The petitioner-Visakhapatnam Regional Transport Department Employees Cooperative House Building Society Limited has filed this writ petition for a direction to the first respondent-Government of Andhra Pradesh (Revenue Department) to accord permission to the third respondent (The Executive Officer, Sri Varaha Lakshminarasimha Swamy Devasthanam, Simhachalam) for conveyance of Melivaram rights to the petitioner society in respect of the land admeasuring Ac.12.60 cents in Survey No.275/1A of Adivivaram village, Visakhapatnam District, by receiving 1/3rd of the sale value or basic value as reflected in the registers of the registration department as on 31.03.1982 and 06.04.1982 respectively, the dates on which two sale agreements were executed by the vendors, so as to enable the third respondent to issue a no objection certificate to the petitioner society for enabling the petitioner society to obtain layout for this area from the fourth respondent. It is now represented by Sri M. Adinarayana Raju, the learned counsel for the third respondent-Devasthanam, that the first respondent- Government, by a memo dated 02.09.2002 (on a consideration of the recommendation of the Commissioner of Endowments), has rejected the proposal of the third respondent for conveyance of Melivaram rights of the Temple in favour of the petitioner society. From the decision of the first respondent-Government, contained in the memo dated 02.09.2002, it is seen that the Commissioner of Endowments had recommended to the Government for rejection of the proposals sent by the third respondent in favour of the petitioner with regard to conveyance of Melivaram rights on the ground that such a course of action is not beneficent to the third respondent Devasthanam. As the State Government has rejected the proposals of the third respondent with regard to conveyance of Melivaram rights in favour of the petitioner, the substantive relief sought in the writ petition no longer subsists for adjudication in this writ petition. If the petitioner is aggrieved, it may pursue appropriate remedies against the decision of the Government contained in the memo dated 02.09.2002. In this writ petition, however, no further orders are required. The writ petition is, accordingly, dismissed. However, there shall be no order as to costs. ____________________ GODA RAGHURAM, J. Date: 10.02.2009 Nsr