Y.Venkateswara Rao, v. State Of A.P.,

THE HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION NO.35208 OF 2012 DATED:02-06-2015 Between:

Y. Venkateswara Rao ... Petitioner And State of A.P., Rep. by its Secretary Agricultural & Cooperation Department Secretariat Buildings Hyderabad and others ... Respondents ... Respondents COUNSEL FOR THE PETITIONER: Mr. V.S. Prasad, for Mr. V.S.R. Anjaneyulu COUNSEL FOR RESPONDENT NO.1: Government Pleader for Cooperation (AP) COUNSEL FOR RESPONDENT NOs.2 to 4: Mr. Aravindu Maturi COUNSEL FOR RESPONDENT NO.5: Mr. Devashis Dash

THE COURT MADE THE FOLLOWING:

ORDER:

This writ petition is filed for the following substantive relief: "...to issue an appropriate writ, order or direction particularly one in the nature of Writ of Mandamus declaring the action of the respondent Nos.3 to 5 in bringing the residential site along with dwelling house situated in R.S. No.524/3 of Koduru Village and Mandal, Krishna District, to public auction on 15.11.2012 or any other subsequent date for recovery of the amount due under loan account No.0134/31737 as illegal and ultra vires to the provisions of

Article 14, 21 and 300-A of Constitution of India besides directing them not to proceed against the petitioner."

At the hearing, Mr. V.S. Prasad, learned counsel, representing Mr. V.S.R. Anjaneyulu, learned counsel for the petitioner, submitted that the cause of action in the writ petition does not survive for adjudication. In view of the above submission, the writ petition is dismissed as infructuous. As a sequel to dismissal of the writ petition, the interim order granted by this Court on 14.11.2012 and extended on 5.12.2012 shall stand vacated and W.P.M.P. No.44725 of 2012 shall stand disposed of as infructuous. _______________________ C.V. NAGARJUNA REDDY, J 2-6-2015 bnr