D.V.Narayana Rao, v. Sri Durga Malleswara Swamy Vari Devasthanam,

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.16135 OF 2016 ORDER:

The prayer of the petitioners in this case is as under: "For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon'ble Court may be pleased to issue a Writ order or direction one in the nature of Writ of Mandamus declaring the Notice issued by the 1st Respondent i.e., the Executive Officer of Sri Durga Malleswara Swamy Devasthanam, Indra Keeladri, Vijayawada by Notice in R.C.No.C1/1717/2009-2, dated 05-02-2016 enhancing the Maktha of the land from 2005 based market value retrospectively & holding that the LLP will be cancelled as bad, illegal, arbitrary, opposed to law, and without jurisdiction and pass such other order or orders as this Hon'ble Court may deems fit just and proper in the circumstances of the case."

Sri Jayasurya, learned counsel representing Smt. K. Lalitha, learned Standing Counsel for the first respondent temple, states that the first respondent temple is proposing to withdraw the impugned notice dated 05.02.2016 and issue a fresh notice in accordance with law. Learned counsel further states that in the light of this proposal, the auction proposed to be held on 14.05.2016 and 16.05.2016 is also cancelled.

In that view of the matter, the cause in this writ petition does not survive for consideration on merits.

The writ petition is accordingly closed. Pending miscellaneous petitions, if any, shall also stand closed. No order as to costs. ____________________ JUSTICE SANJAY KUMAR 12th May, 2016 IBL