IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH AND THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 27922 of 1998 Between: 1 Alwar Residential High School, Rep.by it's Correspondent Smt. A. Sarojini Devi, Muthumsettipallem,Tenail, Guntur District. 2 D.M.R.Elementary School,Padisobnpet, Rep. by it's Manager and Correspondent Sri S. Yesudas, Tenali-522 201. 3 S.R.M.O. High School , Rep. by it's Correspondent Sri D.V.Nath Guntur District. 4 Hindu Aided Primary School Rep.by it's Manager D.Srivaram Babu, Vemavaram (Surepalli Post), Repalle , Guntur District. 5 Aided Hindu Elementary School , Rep. by it's Manager N.Samrajyam, Kondepadu, Prathipadu, Guntur District. ..... PETITIONERS AND 1 State of Andhra Pradesh Rep. by it's Secretary to Govt., Education Department, Secretatiat, Saifabad, Hyderabad. 2 The Director of School Education, A.P., Hyderabad. 3 The District Educational Officer, Guntur District .....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 an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring as illegal, arbitrary and unconstitutional Sec. 3, 4 & 5 of A.P. School Education (Community Participation) Act,1998 and pass such other or further order or orders as are deem fit and proper in the circumstances of the case. Counsel for the Petitioners: MR.AKA.VENKATARAMANA Counsel for the Respondents: GP FOR EDUCATION The Court made the following: ORDER: (per Hon’ble Sri Justice V. Eswaraiah) Learned counsel for the petitioners submits that the subject matter of the writ petition has become infructuous and there survives no cause for adjudication. Recording the above submission, the writ petition is accordingly dismissed as infructuous. There shall be no order as to costs. ______________ V. ESWARAIAH, J _____________________ VILAS V. AFZULPURKAR, J February 6, 2009 DSK