IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIFTEENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 10945 of 2009 Between: Syed Rasool S/o.Late Syed Yakub Ali R/o.Ifran Nagar, Sirpur, Kagaznagar,Adilabad District ..... PETITIONER AND 1 The Revenue Divisional Officer, Asifabad Adilabad District 2 The Tahsildar,Kagaznagar Mandal, Adilabad District 3 Madavi Raju S/o.Bheemu R/o.Metpalli, Kagaznagar Mandal, Adilabad District .....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 will be pleased to issue a writ of Prohibition or any other appropriate writ or writs orders or direction interdicting the first respondent from proceedings further prusuant to the Notice dated 6.5.2009 issued in Prcgs.No.G/1342/2008 and to consequently declare the said notice as illegal, arbitrary, without jurisdiction and contrary to the provisions of AP Rights in Lands & Pattedar Passbooks Act,1971 Award costs and pass Counsel for the Petitioner:MR.K.RAGHUVEER REDDY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following: THE HON’BLE SRI JUSTICE GODA RAGHURAM W.P.No. 10945 of 2009 15-06-2009 Oral Order: The petitioner seeks a writ of Prohibition against the 1st respondent from proceeding further pursuant to a notice dated 06-05-2009 issued by the said respondent. It would appear that the 3rd respondent herein filed a “grievance petition dated 09-02-2009” before the Joint Collector, Adilabad, which the 1st respondent entertained as an appeal against an order of the Tahasildar, Kagaznagar, in respect of land in survey No. 32 of an extent of Ac.11-13 guntas, of Metpalli village of Kagaznagar Mandal. It would appear (according to the assertions in the writ petition), that the petitioner purchased the scheduled property under a registered sale deed dated 06-05-2008 and was put in possession thereof by his vendor. Thereafter pattedar passbook and title deed were issued to the petitioner, bearing title deed No.23. The 3rd respondent tried to interfere with the petitioner’s possession. The petitioner filed O.S.No. 2 of 2009 on the file of the Court of Senior Civil Judge, Asifabad for declaration of his title to the property and for perpetual injunction. Interim injunction was granted in favour of the petitioner. The case of the 3rd respondent herein, as the defendant in the suit is that he entered into an agreement of sale with the owners of the property and was put in possession of the same. There is thus a well addressed civil dispute of competing claims to title and possession of the property which is pending in O.S.No. 02 of 2009 before the Court of the learned Senior Civil Judge, Asifabad. While so, the 3rd respondent appears to have filed a ‘grievance petition’ on which the impugned notice has been issued. Characterizing the notice as one without jurisdiction, the writ petition is filed. The learned Government Pleader appearing for the respondents has furnished a copy to the learned counsel for the petitioner, who placed the same for the perusal of this Court. In the proceedings No. G/1342/2008 dated 06-06- 2009 issued by the 1st respondent it is recorded that the matter being civil in nature, the 1st respondent withdraws the appeal notice issued on 06-05-2009. In the circumstances, the substantive grievance in the writ petition no longer subsists, as the impugned notice has been withdrawn. The writ petition is accordingly dismissed as ‘infructuous’. No costs. ____________________ GODA RAGHURAM, J Dated: 15-06-2009 Pvks