IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.10589 of 2004 Between: 1 Pilla Nagarajyothi, W/o.Vijaya Krishna Patrudu, R/o.D.No.2-9, Gurrampalem, Pendurthy (M),Visakhapatnam Dist. 2 Pilla Rajyalaxmi W/o.Late Rama Natha Patrudu, R/o.D.No.2-10, Gurrampalem Village Pendurthy Mandal, Visakhapatnam Dist. 3 Pilla Rukmini, W/o.Late Neelalochan Patrudu, R/o.D.No.2-8, Gurrampalem, Pendurthy (M),Visakhapatnam Dist. 4 Pilla Varalaxmi, W/o.Padmanabha Patrudu, R/o.D.No.2-12, Gurrampalem, Pendurthy (M),Visakhapatnam Dist. 5 Makena Radha Syamasundari, W/o.M.V.N.S.Patrudu, R/o.D.No.2-10, Gurrampalem, Pendurthy (M),Visakhapatnam Dist. ..... PETITIONERS AND 1 The Divisional Forest officer, Forest Dept.Visk. 2 The Dist.Collector, Visakhapatnam. 3 The M.R.O.Pendurthy, Visk. 4 A.Kameswara Rao, S/o.Viswanadham, Anekapalle, Visakhapatnam Dist. .....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 order or direction more in the nature of writ of Mandamus declaring that the action of the 1st respondent in auctioning the crop in the land in S.No.57 of Gurrampalem village which is not in his possession as ultravires and arbitrary and nonest in the eye of law declaring the action of the respondents 2 and 3 in not passing any order after notice dt.7-7-88 issued under section 7 of the Land encroachment Act as arbitrary and high handed and violative of the provisions of the A.P.Land Encroachment Act directing the respondents not to interfere with the possession and enjoyment of Ac.10.00 cents of land in S.No.57 of Gurrampalem Village pendurthy Mandal Visakhapatnam District and to pass such other order or further orders as this Hon’ble Court may deem ﬁt and proper in the circumstances of the case. Counsel for the Petitioner: SRI S.V.R.SUBRAHMANYAM Counsel for the Respondents: GP FOR FORESTS The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.10589 of 2004 ORDER: The ﬁve petitioners ﬁled the instant writ petition challenging the action of the ﬁrst respondent proposing to auction the crop in the land in survey No.57 of Gurrampalam Village as illegal and arbitrary. The petitioners claim that they are landless poor persons and after occupying the land in question (each Acs.2.00) invested amounts and cultivated the crop. They also allege that without notice to them, the ﬁrst respondent is proposing to auction casurina crop. The writ petition was admitted on 28.06.2004. After receiving notice, respondents ﬁled counter aﬃdavit. Therefore, on 25.11.2005 this Court passed the following order in W.P.M.P.No.13427 of 2004. In the writ petition, the petitioner challenges auction proposed to be conducted by the respondents on 18.06.2004. From the counter aﬃdavit ﬁled on behalf of the respondents 2 and 3, it is clear that the auction has already been conducted as proposed and they realized a sum of Rs.4,25,000/-. Hence, WPMP shall stand dismissed as infructuous. In view of the observations made by this Court while dismissing the W.P.M.P that auction has already been completed, nothing survives in the writ petition. The petitioners, if so advised, may approach the appropriate authorities for grant of pattas and for possessionary rights. No relief can be granted in this writ petition. The Writ Petition is, therefore, dismissed. No costs. _____________ (V.V.S.RAO, J) 07.11.2008 vs To 1 The Divisional Forest officer, Forest Dept.Visk. 2 The Dist.Collector, Visakhapatnam. 3 The M.R.O.Pendurthy, Visk. 4 2CCs to G.P for Forests, High Court of A.P., Hyderabad. 5 2CD copies Form-NIC-OGS/WP{JA}