IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE THE CHIEF JUSTICE AND THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO: 11985 of 2007 Between: 1) V.Venkatashwar Rao, S/o.Bheemsen Rao, R/o.Yedira Village, Mahabubnagar Mandal, Mahabubnagar Dist. 2) Abdul Raoof, S/o.Abdul Khadar, R/o.Yedira Village, Mahabubnagar Mandal, Mahabubnagar Dist. 3) Mohd.Haji, S/o.Mohd.Jaffar, R/o.Yedira Village, Mahabubnagar Mandal, Mahabubnagar Dist. 4) A.Nagaiah, S/o.Babaiah, R/o.Yedira Village, Mahabubnagar Mandal, Mahabubnagar Dist. 5) Khaja Nizamuddin, S/o.Khaja Quyumuddin, R/o.Yedira Village, Mahabubnagar Mandal, Mahabubnagar Dist. 6) Kareemuddin, S/o.Khaja Quyumuddin, R/o.Yedira Village, Mahabubnagar Mandal, Mahabubnagar Dist. ... PETITIONERS AND 1) Govt.of A.P, rep.by its Secretary, Dept.of Revenue, Secretariat,Hyderabad. 2) The Dist Collector, Mahabubnagar, Mahabubnagar District. 3) The Tahsildar /Mandal Revenue Officer, Mahabubnagar Mandal, Mahabubnagar Dist. 4) The A.P.C.P.D.C.Ltd, Rep.by its Superintending Engineer, Mahabubnagar Operation Circle,Mahabubnagar. ...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, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in constructing the 33/11 K.V. Electrical Sub Station in the tank bed area "Oora Cheruvu Shikam" In Sy.No.129 admeasuring Ac.12-08gts situated in the limits of Yedira Village, Mahabubnagar Mandal & Dist, as illegal, unjust and in contravention of the Specific provisions contained in ss.47&48 of the A.P.(T.A) Irrigation Act,1357 Fasli and has the effect of violation of fundamental right guaranteed to the petitioners and others villagers u/a 21 of the Construction of India, and consequently direct the respondents not to construct the 33/11k.V. Electrical Sub- Station in the tank bed area of "Oora Cheruvu Shikam" in Sy.No.129 admeasuring Ac.12-08 gts situated in the limits of Yedira Village Mahabubnagar Mandal & Dist, and pass such other orders. Counsel for the petitioner: MR.K.VENKATESH GUPTA Counsel for respondent Nos.1 to 3: GOVERNMENT PLEADER FOR REVENUE Counsel for respondent No.4: MR.O.MANOHER REDDY The Court made the following: Oral Order: (per Shri Anil R. Dave, Hon’ble the Chief Justice) Learned advocate for the petitioners has submitted that the writ petition has become infructuous as the construction in question is not being put up in the land in question, but it has been put up at another place. In the circumstances, the writ petition stands disposed of as having become infructuous. ANIL R. DAVE, CJ April 03, 2008 R. SUBHASH REDDY, J svs