IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWELFTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 9988 of 2000 BETWEEN: 1 Dr. Ch. Samhasiva Raju, S/o. Sri Subba Raju, R/o. H.No.16-2-674, Judges Colony, Malakpet, Hyderabad 2 Sri A. Durga Prasad Rao, S/o. Late Venkaiah, R/o. 3-3-364, Kachiguda, Hyderabad - 500 027 ... PETITIONERS AND 1 District Collector, Machilipatnam, Krishna District. 2 Commissioner & Director, School Education, Andhra Pradesh, Khairatabad, Hyderabad. 3 Regional Joint Director, School Education, East Godavari District, Kakinada. 4 Mandal Development Officer, Mandal Parishad, Pamidimukkala, Krishna District. 5 District Educational Officer, Zilla Parishad, Machilipatnam, Krishna district. 6 Chief Executive Officer, Zilla Parishad, Machilipatnam, Krishna District. 7 Executive Engineer, Panchayat Raj, Z.P. Compound, Bandar Road, Vijayawada - 2 Krishna 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 may be pleased to issue a Writ Order or Direction, more particularly one in the nature of writ of Mandamus, declaring the action of the respondents proceeding with the construction of high school building in the existing building of Upper Primary School site to an extent of Ac.0.40 Cents of Choragudi Village, Pamidimukkala Mandal, Krishna District, as illegal, arbitrary and contrary to the rules framed under the provisions of Education in G.O.Ms.No.524, dated 20.12.1998 and consequently direct respondents to take appropriate steps for construction of building for high school in the donated land to an extent of Ac.3.40 cents Sy.No.24/2, 24/3 and 388 of Choragudi Village, pamidimukkala Mandal, Krishna District, which was donated by the petitioner herein in the interest of justice and pass such other order or orders may deem and proper in the circumstances of the case. Counsel for the Petitioners: MR.J.KANAKAIAH Counsel for the Respondents: GP FOR SCHOOL EDUCATION The Court made the following: ORDER: When the matter was taken up for hearing on 05.08.2008, as none appeared, it was directed to be listed under the caption ‘For Dismissal’ next week. Today when the matter is taken up for hearing none appears for the petitioners and there is no help from the learned counsel appearing for the respondents as to whether the school building was constructed or not, more so, when there was no stay of construction of school building. However, neither the petitioners appear nor there is any representation on their behalf. The writ petition is accordingly dismissed for default of the petitioners. There shall be no order as to costs. ______________ V. ESWARAIAH, J August 12, 2008 DSK