IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 21407 of 2005 Between: 1 Burra Venkateswara Rao S/o Narasaiah Mandadam (V), thulluru (M), Guntur District 2 Gandi Subba Rao S/o Veeraiah Mandadam (V), thulluru (M), Guntur District 3 M. Sambasiva Rao S/o Shaiah Mandadam (V), Thulluru (M) Guntur District 4 G. nageswara Rao S/o Pullaiah Mandadam (V), thulluru (M), Guntur District 5 D. Pitchaiah S/o Kotaiah Mandadam (V), thulluru (M), Guntur District ..... PETITIONERS AND Sri Ramalingeswara Swamy Temple, Mandadam (V), Thulluru (M), Guntur District rep by Executive Officer .....RESPONDENT Counsel for the Petitioner: None appeared Counsel for the Respondents: None appeared The Court made the following : O R D E R: At the interlocutory stage, the writ petition itself is taken up for hearing and disposal. This writ petition is filed for a writ of Mandamus to declare the action of the respondent in conducting public auction of leasehold rights of lands in possession of the petitioners for an extent of Acs.20.17 ½ cents in Survey No.280 of Madadam Village as illegal, void and without jurisdiction. At the hearing, there is no representation for the petitioners. A perusal of the record shows that public tender notice dated 25-09-2005, by which the lands in dispute were proposed to be leased out for a period of two years by way of public auction, has been questioned in this writ petition. By order dated 30-09-2005 this Court, while admitting the writ petition, passed a detailed order declining to stay the auction. In the absence of an order of stay, it is reasonable to presume that auction would have already been held. Even otherwise, since the tender notice was issued only for a period of two years, which expired in the year 2007 itself, the cause in the writ petition does not survive for consideration. The writ petition is, therefore, dismissed as infructuous, without pronouncing on the rights claimed by the petitioners over the lands in question. As a sequel to dismissal of main petition as infructuous, WPMP No.27416 of 2005 filed by the petitioners for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY,J Dated 1st July, 2008 vrn