IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO. 29313 of 1995 Between: 1 Tota Surya Prakasha Rao S/o.Kotaiah, Degalavaripalem, H/o.T.Kothapalem, Nagayalanka Mandal, Krishna Dist 2 Bhogadi Subba Rao S/o. Rathaiah Talagadadeevi, Nagayalanka Mandal, Krishna Dist 3 Perla Subrahmanyam S/o. Kutumbaiah Talagadadeevi, Nagayalanka Mandal Krishna Dist 4 Gopalam Basavadevudu S/o. Potharaju Barankula H/o.Ganapeswaram, Krishna Dist ..... PETITIONERS AND 1 The District Collector, Machilipatnam, Krishna District 2 Smt.Lakshmi Pardha Saradhi Bhaskar, IAS., Commissioner for Panchayat Raj and Rural Development (Relief Dept.) Secretariat Buildings, Hyderabad 3 The Superintending Engineer, Irrigation & CAD Department Vijayawada, Krishna Dist 4 The Mandal Revenue Officer Nagayalanka, Krishna Dist 5 The Assistant Engineer, Divi Sub-Division Irrigation Department, Puligadda, Krishna 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 may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, granting leave under Order I, Rule 8 of CPC and declaring the action of the respondents in releasing water through Talagadadeevi Channel, Divi Sub- Division passing through T.Kothapalem, Talagadadeevi, Ganapeswaram and Nali Gram Panchayat is illegal, arbitrary, malafide and without jurisdiction and further direct the respondents to close the same and conduct the repairs by May 1996 and pass such other order. Counsel for the Petitioner: MR.M.V.DURGA PRASAD Counsel for the Respondents: GP FOR IRRIGATION The Court made the following : ORAL ORDER: Learned counsel for the petitioners submits that the Writ Petition has become infructuous. Recording the same, the Writ Petition is dismissed as ‘infructuous’. No costs. _________________ (N.V. RAMANA, J) Dated: 02.09.2004 Asp To 1 The District Collector, Machilipatnam, Krishna District 2 Smt.Lakshmi Pardha Saradhi Bhaskar, IAS., Commissioner for Panchayat Raj and Rural Development (Relief Dept.) Secretariat Buildings, Hyderabad 3 The Superintending Engineer, Irrigation & CAD Department Vijayawada, Krishna Dist 4 The Mandal Revenue Officer Nagayalanka, Krishna Dist 5 The Assistant Engineer, Divi Sub-Division Irrigation Department, Puligadda, Krishna Dist 6. Two CCs to GP for Irrigation, High Court of A.P., Hyderabad (OUT) 7. Two CD copies.