HON’BLE SRI JUSTICE CHALLA KODANDA RAM W.P.No. 7063 of 2004 DATE: 28.04.2014 Between:
Kusu Padmavathi and two others .. Petitioners And The Mandal Revenue Officer .. Respondent O R D E R:-
The main grievance of the writ petitioners is that the respondent – Mandal Revenue Officer, without issuing any notice and without initiating eviction proceedings, is trying to interfering with the possession and enjoyment of their properties wherein they grew and developed cashew garden in Sy.Nos.350/2, 350/3 and 349/1 situated in Vemulapalli village, Dwarapudi Gram Panchayat, Mandapeta Mandal, East Godavari District, by way of conducting auction of the usufruct of the cashew garden on 07.04.2004. Hence, the present writ petition is filed seeking appropriate directions.
The learned counsel for the petitioners submits that the respondent issued Notification dated 01.04.2004 proposing to auction the usufruct of cashew garden in the lands belonging to the petitioners on 07.04.2004, but on that day, due to some reasons, auction was not conducted, and subsequently, the auction was postponed indefinitely, as such, the subject matter of the writ petition has become infructuous.
Having regard to the submission made by the learned counsel for the petitioners that the proposed auction was not conducted and it was postponed indefinitely, no further orders are required to be passed in this writ petition.
Hence, the writ petition is dismissed as having become infructuous. However, it is left open to the petitioners to agitate other issues raised by them in a separate proceeding if they are otherwise aggrieved. No order as to costs.
CHALLA KODANDA RAM, J 28.04.2014 bcj