IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE NINTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 13248 of 2007 Between: The Samalkota Scheduled Caste Field Labour Co-Op erative Society, Registered No.C.778, rep. by its President Nethela Venkata Srinivasa Rao, S/o. Late Kondayya, R/o. D.No.7-12-14, Balusulapeta, Samalkota, E.G.District. ..... PETITIONER AND 1 The District Collector, ( Public Health), East Godavari District, Kakinada,E.G.District. 2 The Executive Engineer ( Public Health), Public health Office, Rajahmundry, E.G.district. 3 The Deputy Executive Engineer, Public Health, Public Health, Public Health Office, Kakinada, E.G.District. 4 Nandamuri Venkatarama Rao, S/o.late Ranga Rao, R/o.D.No.4-6-18, Uppuvari Veedhi, Samalkota, E.G.District, Pen Code 533 440. .....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, Order or direction more particularly one in the nature of a writ of Mandamus declaring; that the proposal to dispossess the Petitioner Society from the Possession of the Writ Petition schedule land giving a go bye for the nominated lease in its favour, is highly unjust, improper, contrary to law, violative of the Fundamental Rights the provisions of the Constitution and the principles of natural justice; that the auction said to have been conducted on 27.4.2007 is not valid and binging on the Petitioner Society and consequently; direct the Respondents to allow the petitioner society and its members to continue to cultivate the schedule lands as tenants by nomination fixing up such favoured reasonable rents that may be fixed by the Respondents annually. and to pass such other or further orders which the Hon'ble Court may be pleased to deem fit, just and proper in the circumstances of the case. Counsel for the Petitioner:MR.D.RAMALINGA SWAMY Counsel for the Respondent No.: GP FOR MEDICAL HEALTH & FAMI.WELFARE The Court made the following Order: This writ petition has been filed by the petitioner-society assailing the auction conducted on 27-04-2007 by the first respondent. It is the case of the petitioner-society that it has been taking on lease Acs.18.00 of land situated within the limits of Summer Storage Tank for the last 17 years on nomination basis for cultivation purpose on a preferential rent of Rs.2,300/- per year. It is the further case of the petitioner-society that it has been formed for the welfare of the downtrodden and, therefore, it is entitled to continue to be in possession of the land on lease. Heard the learned counsel appearing for the petitioner. Learned counsel for the petitioner submits that the petitioner- society has been taking on lease on yearly basis and the petitioner- society being formed for the welfare of the downtrodden dalits, it is entitled to be in occupation of the land admeasuring Acs.18.00. A fact remains that the leasehold rights over the land in question have been auctioned and the fourth respondent became the highest bidder and, subsequently, the auction came to be cancelled. As on the date, the auction held on 27-04-2008 stood cancelled. Such is the situation, the cause of action does not survive. The Writ Petition is, accordingly, dismissed. No order as to costs. _______________ 09-06-2008 usd To 1 The District Collector, ( Public Health), East Godavari District, Kakinada, E.G.District. 2 The Executive Engineer ( Public Health), Public health Office, Rajahmundry, E.G.district. 3 The Deputy Executive Engineer, Public Health, Public Health, Public Health Office, Kakinada,E.G.District. 4 Two CCs to GP for Medical Health & Family Welfare, High Court Buildings, Hyderabad (OUT). 5 Two CD copies.