IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE ELIPE DHARMA RAO WRIT PETITION NO : 15101 of 2005 Between: Maruthi Khandsari Sugar Mills, Pothareddipet, Medak District, represented by Sri Matadin, S/o.Sri Bajranglal, R/o.19-5-10/2, Bahadurpura, Hyderabad. ..... PETITIONER AND 1. The Govt. of Andhra Pradesh, represented by its Principal Secretary to Govt., Industries & Commerce (Sugar) Department, Andhra Pradesh, Secretariat, Hyderabad. 2. The Commissioner & Director of sugar and Cane Commissioner, Government of Andhra Pradesh, Hyderabad. 3. The Mandal Revenue Officer, Dubbaka Mandal, Dubbaka. ....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 a writ, more particularly in the nature of a writ of Mandamus or any other appropriate writ, direction or order restraining the respondents from conducting auction/sale of the property of the petitioner herein bearing No.1750(6-21) & 1751(4- 02) in all (10-23), situated at Pothareddy village, Dubbak Mandal, Medak District, Andhra Pradesh, without due process of law. Counsel for the Petitioner:MR.B.DANANJAYA Counsel for the Respondents: GP FOR INDUSTRIES & COMMERCE The Court at the admission stage made the following : O R D E R: This writ petition is filed aggrieved of the notice dated 23.05.2005 issued by the Mandal Revenue Officer, Dubbaka, proposing to hold public auction on 31.5.2005 in respect of the property of the petitioner i.e. Ac.6.21 cents in Sy.No.1750 and Ac.4.02 cents in Sy.No.1751 totally admeasuring Ac.10.23 cents, for not paying the taxes and not implementing the agreement dated 23.8.2003. When this writ petition is listed for admission, it is submitted that no auction, as proposed, was conducted on 31.5.2005 and it was postponed and no date has been fixed for such auction. Therefore, no cause of action has arisen for the petitioner to file the writ petition. This order, however, does not preclude the petitioner from seeking appropriate remedy, in the event of the respondents fixing a date for auction. ` Therefore, I do not see any reason to entertain the writ petition at this stage and, accordingly it is dismissed at the stage of admission. No order as to costs. ------------------------------------------- JUSTICE ELIPE DHARMA RAO 21st July 2005. BCS ASSISTANT REGISTRAR To 1. The Principal Secretary to the Government, Industries & Commerce (Sugar) Department, Andhra Pradesh, Secretariat, Hyderabad. 2. The Commissioner & Director of sugar and Cane Commissioner, Government of Andhra Pradesh, Hyderabad. 3. The Mandal Revenue Officer, Dubbaka Mandal, Dubbaka. 4. 2 CCs to the G.P. for Industries & Commerce, High Court Buildings, Hyderabad (OUT), 5. 2 CD copies.