B.Nagababu v. The Panchayat Secretary,

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.30031 of 2015 Dated 12th November, 2015 Between:

B.Nagababu and others

...Petitioners

And The Panchayat Secretary, Gram Panchayat, Peddagonnur Village, Mudenepally Mandal, Krishna District and others

...Respondents

Counsel for the petitioners: Sri T.G.S.Srivastava Counsel for respondent No.1: Sri Ravi Cheemalapati Counsel for respondent Nos.3 & 5: AGP for Panchayat Raj (AP) Counsel for respondent No.4: AGP for Revenue (AP) The Court made the following:

ORDER:

This writ petition is filed for a mandamus to set aside notice bearing No.4/2015, dated 04.09.2015, issued by respondent No.1, proposing to auction the fish tanks in Pedagonnuru Village, Mudenepally Mandal, Krishna District. The premise on which the petitioners have filed this writ petition is that while their lease period which commenced in November, 2012 is valid till the end of November, 2015, respondent No.1 has issued the impugned auction notice which would curtail a part of their lease period.

In the counter affidavit filed by respondent No.1, it is inter alia stated that the petitioner's lease period has expired on 15.06.2015. At the hearing, Sri Ravi Cheemalapati, learned Standing Counsel appearing for respondent No.1, on instructions, submitted that the auction as proposed to be held on 16.09.2015 could not be held and that in any event even according to the petitioners, their lease period would expire by 30.11.2015. He has further submitted that respondent No.1 will issue a fresh auction notice for the period commencing beyond November, 2015. In the light of the facts noted above, the cause in the writ petition has become infructuous and the writ petition is accordingly dismissed as such. As a sequel to dismissal of the writ petition, WP.M.P.No.38873 of 2015 shall stand disposed of as infructuous.

C.V.NAGARJUNA REDDY, J 12th November, 2015 VGB