IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE P.SWAROOP REDDY WRIT PETITION No. 26986 of 1999 Between: Sagu Neeti Saangham, Rep by its President Manga Venkata Rao Minidi, Gajuwaka Mandal, Visakhapatnam ..... PETITIONER AND 1 Government of Andhra Pradesh, Rep. by its Secretary, Irrigation Department, Secretariat, Hyderabad. 2 Executive Engineer, Irrigation Department Visakhapatnam 3 District Collector Visakhapatnam. 4 Revenue Divisional Officer, Visakhapatnam District, Visakhapatnam. 5 Mandal Revenue Officer, Gajuwaka, Visakhapatnam District. 6 Srri Gadagottu Sambasiva Rao S/o Veer Raghavaiah C/o M/s Varun Associates, R/o C-1, Ramakrishna Arrcade, Daba Gardens, Visakhapatnam. .....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 of Mandamus or any other appropriate Writ, order or direction declaring the action of the Respondent 1 to 5 in not taking any action on the representations of the petitioner against removal of the tan gedda poramboke in S.No.50 in Mindi Village, Gajuwaka Mandal, Visakhapatnam District or any portion of the tank in the said S.No for purpose of construction of any plant or compound wall or any other purpose by spoiling the water feeding channel to any other purpose by spoiling the water feeding channel to the above tank or the tank bed or cart tract over the same being used by villagers of Mindi as illegal, arbitrary etc., and grant such other relief or reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.V.V.L.N.SARMA Counsel for the Respondent : GP FOR IRRIGATION & COMM AREA DEV. FOR R THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE P.SWAROOP REDDY WRIT PETITION No.26986 of 1999 ORAL ORDER:(per Hon’ble Sri Justice P.Swaroop Reddy) The writ petition is filed by the Sagu Neeti Sangham, Gajuwaka Mandal, Visakhapatnam District, represented by its President, to declare the action of respondents 1 to 5 in not taking any action on the representations of the petitioner against removal of tank gedda poramboke in S.No.50 in Mindi Village, Gajuwaka Mandal, Visakhapatnam District, or any portion of the tank in the said survey number for the purpose of construction of any plant or compound wall or for any other purpose, as illegal and arbitrary. This Court, by order dated 31.12.1999, had granted interim direction, not to remove the tank gedda poramboke in S.No.50 in Mindi Village, till 28.01.2000. By order dated 08.02.2000, this Court, having perused the material papers including the photographs, held that sufficient space has been left out for the flow of drain and, accordingly, vacated the interim order granted on 31.12.1999. In view of the fact that there was sufficient space for flow of drain, nothing survives in the writ petition. The writ petition is accordingly dismissed as infructuous. V.ESWARAIAH,J P.SWAROOP REDDY,J Dt:09.07.2009 usd