THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO :18078 of 2007 Date: 21.6.2010 Between: Kota Prasada Rao and others. ..... PETITIONERS AND The Government of A.P. , rep. By its Principal Secretary, Industries & Commerce Department and others. .....RESPONDENTS Counsel for the Petitioners : Sri K. Shankaranarayana Counsel for the Respondent Nos.1 and 2 : A.G.P. for Industries & Commerce Counsel for the Respondent Nos.3 and 4: Sri V. Ravi Kiran Rao, S.C. for ACB Counsel for respondent No.5: Sri N. Krishna Rao The Court made the following : THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No : 18078 of 2007 ORDER: This writ petition is filed for a mandamus to direct respondent No.1 to consider the relevant material available before it before granting sanction to respondent No.3 to prosecute the petitioners under Section 19 of the Prevention of Corruption Act, 1988 (for short ‘the Act’). The petitioners have also sought for a direction to respondent No.1 not to give sanction for the prosecution in connection with Crime No.9/RCO-ACB-VJA/2005, Guntur, without giving an opportunity to the petitioners. At the hearing, learned Standing Counsel for Respondent No.3 submitted that on 20.8.2007 itself, respondent No.1 has granted sanction to respondent No.3 and that in pursuance thereof, the prosecution against the petitioners is pending. This submission of the learned Standing Counsel for respondent No.3 is not disputed by learned counsel for the petitioners. Inasmuch as the sanction was given even prior to the filing of the writ petition, the cause in the writ petition does not survive for consideration. The writ petition is accordingly dismissed as infructuous. No costs. __________________________ C.V. NAGARJUNA REDDY,J DATE: 21st June, 2010 pnb