IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 90 of 2009 Between: Kotipalli Venkateswara Rao S/o.Tatayya @ Satheyya D.No.1-63, R/o. Udimudi Village, H/o. Kotipalli Village K.Gangavaram Mandal, East Godavari District. ..... PETITIONER AND 1 The District Collector, East Godavari District at Kakinada. 2 The Superintendent of Police, East Godavari District at Kakinada. 3 The Station House Officer, Draksharam Police Station, East Godavari District. 4 The District Collector/Ex-Officio President, The Society for Prevention of Cruelty to Animals, Kakinada, E.G. 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 an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the seized cattle i.e., 6 she Buffalo Calves, 17 he (MALE) Buffalo calves and three small bulls (OXEN) to the petitioner pursuant to the orders of the Additional J.F.C.M. Peddapuram, East Godavari District passed in Crl.M.P.No.5683 of 2008 in Crime No. 127 of 2008 dated 12.12.2008 is as arbitrary illegal, contrary to law and violation of Articles 14, 19 (i) (g) and 21 of the Constitution of India and principles of natural justice and consequently direct the respondents to release and handover the seized cattle i.e., 6 she Buffalo Calves, 17 he (MALE) Buffalo calves and three small bulls (OXEN) to the petitioner without collecting any charges, pursuant to the orders of the Additional J.F.C.M., Peddapuram, East Godavari District in Crl.M.P.No.5683 of 2008 in Crime No. 127 of 2008 dated 12.12.2008. Counsel for the Petitioner:MR.MOOSA AHMED Counsel for the Respondent No.: GP FOR HOME The Court made the following : O R D E R:- The writ petition is filed for a writ of mandamus declaring the action of the respondents in not releasing the seized cattle i.e. 6 she-buffaloes, 17 he (male) Buffalo calves and three small bulls (oxen) to the petitioners in pursuance of the order dated 12.12.2008 in Crl.M.P.No.5683 of 2008 in Cr. No.127 of 2008 passed by the Additional Judicial First Class Magistrate, Peddapuram, East Godavari District, and consequently direct the respondents to release and handover the seized cattle to the petitioners. Today, when the matter is taken up for hearing, a copy of the order dated 31.12.2008 passed by this Court in Crl.R.C.M.P. No.2706 of 2008 in Crl.R.C.(SR). No.32090 of 2008 has been placed before this Court, whereby the order dated 12.12.2008 in Crl.M.P.No.5683 of 2008 in Cr. No.127 of 2008 passed by the Additional Judicial First Class Magistrate, Peddapuram, in pursuance of which, the petitioners are seeking directions to the respondents to release the cattle, has been suspended. Since the order, in pursuance of which, the petitioners are seeking directions to the respondents to release the cattle, has been suspended by this Court, no relief as prayed for by the petitioners can be granted. Hence, the writ petition is dismissed granting liberty to the petitioners to pursue the above Criminal Revision Case that is pending before this Court and in which they are shown as private party- respondent. No costs. ______________ N.V.RAMANA, J 28th January, 2009 bcj