IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWELFTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 12005 of 2008 Between: 1 Y. Thippanna GOud S/od. Late Linganna Goud R/o. Yemmiganur Town , Kurnool District. 2 Y. Mallanna Goud S/o. late Aayyanna Goud R/o. Yemmiganur Town , Kurnool District. 3 Y/. Basawaraj Goud S/o. Late Baswanna Goud R/o. Yemmiganur Town , Kurnool District. 4 Y. Chandra Sekhar Goud S/o. Late Aayanna GOud R/o. Yemmiganur Town , Kurnool District. 5 Y. Parameshwar Goud S/o. Late Ramalinganna Goud R/o. Yemmiganur Town , Kurnool District. 6 Y. Baswwanna GOud S/o. Late Nanjappa GOud R/o. Yemmiganur Town , Kurnool District. ..... PETITIONER(S) AND The Municipal Commissioner , Yemmiganur Municipality, Kurnool District. .....RESPONDENT 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 to issue a writ order or direction more particularly a writ in the nature of writ of Mandamus declaring the action of the respondent in seeking to demolish the weir (Thumu) of Linganna Gouni Kunta situated in SY.Nos. 333, 334-A and 334-B of yemmiganur of Kurnool District, as illegal, arbitrary un-constitutional against the principles of natural justice and against the Article 300-A of The Constitution of India and consequentially praying this Hon'ble Court to direct the respondent not to demolish the weir (Thumu) of Linganna Gouni Kunta situated in SY.Nos. 333, 334-A and 334-B of yemmiganur of Kurnool District, and pass such other order or orders Counsel for the Petitioner:MR.C.V.BHASKAR REDDY Counsel for the Respondent No.: MR.S.I.NEWTON The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No. 12005 OF 2008 ORDER: 1. This writ petition has been filed assailing the action of the respondent in seeking to demolish the weir (Thumu) of Linganna Gounta Kunta situated in Survey Nos. 333, 334-A and 334-B of Yemmiganur of Kurnool District. 2. Learned standing counsel appearing for the Municipality, on instructions, submits that the respondent Municipality is not contemplating to meddle with the weir (Thumu) of Linganna Gounta Kunta, situated in Survey Nos. 333, 334-A and 334-B of Yemmiganur of Kurnool District. 3. In view of the statement made by the learned standing counsel, the cause of action does not survive and therefore, the writ petition is dismissed as infructuous. No order as to costs. _____________________________ Justice B.Seshasayana Reddy 12th June, 2008. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No. 12005 OF 2008 12th June, 2008.