IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 7934 of 2008 Between: 1 Smt Smisetty Parvathamma W/o.Late Somisetty Narismulu, H.No.9/107 Cumbum G.P at Kandulapuram Revenue(M) Cumbum,Prakasam Dist 2 Smt Nadella Laxmi Narsamma W/o.Satyanarayana, H.No.9/107 Cumbum G.P at Kandulapuram Revenue(M) Cumbum,Prakasam Dist ..... PETITIONER(S) AND 1 M/s. The Cumbum Co-Operative Town Bank Ltd Cumbum Prakasam Dist Rep.by its Secretary 2 The Deputy Registrar of Co-Operative Societies Markapur Prakasam Dist .....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 or order more particularly in the nature of Writ of Mandamus declaring the action of the respondents in issuing Auction Notice dt.29-02-2008 where the 2nd respondent is proposed to auction the H.No.9-107 situated at Cumbum G.P Kandulapuram Revenue(M) Cumbum Dist Prakasam on 16-04-2008 for recovery of the alleged arrears of Rs 28,651/- towards the loan accounts of Late Sri Somisetty Narasimhulu as illegal arbitrary and violative of principles of Natural justice apart from be violative of Article 14&300A of constitution of India and consequently direct the respondents not to interfere in the peaceful possession of the petitioners including sale of the H.No.9-107,situated at Cumbum G.P Kandulapuram Revenue(M) Cumbum Dist Prakasam. Counsel for the Petitioner:MR.P.INDRA PRAKASH Counsel for the Respondent No.: GP FOR COOPERATION The Court made the following : Form-NIC-OGS/WP{BMR} O R D E R:- This writ petition is filed seeking a mandamus to declare the action of the 2nd respondent-Deputy Registrar of Cooperative Societies in issuing Auction Notice dated 29.2.2008 proposing to auction the petitioners’ House No.9-107 situated at Cumbum, Kandulapuram Revenue Mandal, Prakasam District on 16.4.2008 for recovery of the alleged arrears of Rs.28,651/- towards loan account of Sri Somisetty Narasimhulu, as arbitrary and illegal, and consequently direct the respondents not to interfere with the peaceful possession of the petitioners including the sale of the house. On 11.4.2008, this Court directed the learned Government Pleader for Cooperation to get instructions. Today, when the matter is taken up the learned Government Pleader, on instructions, has submitted that the petitioners paid the entire E.P. amount of Rs.29,500/ as on 15.4.2008 and the same was realized on that day itself. In the light of the said submission, this writ petition does not survive, and the same is accordingly dismissed. No costs. ______________ 18.04.2008 bcj