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High Court for State of TelanganaWP/4615/2012dismissed as infructuous

Kokkiripati Paapa, v. The Divisional Panchayat Officer,

2016-01-06M.Seetharama Murti1 pages

THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI Writ Petition No.4615 of 2012 ORDER:

This writ petition under Article 226 of the Constitution of India is filed seeking the following relief/s:

'....to issue an order or orders more particularly one in the nature of Writ of Mandamus declaring the impugned proceedings No.218/2009/A3, dated:30.09.2009 passed by the Respondent No.1 herein in allotting the Chinnamadugu tanks to an extent of 2 acres 67 cents to the Rajakas for fishing for three years at Nandigampadu village, Chagallu Mandal, West Godavari District as illegal, arbitrary and violation of rules framed under the Gram Panchayat Act and pass such other order...'

[Reproduced verbatim]

2. I have heard the submissions of the learned counsel for the writ petitioner, the learned Government Pleader for Panchayat Raj appearing for the 1st respondent, the learned Standing Counsel appearing for the 2nd respondent and the learned counsel appearing for the unofficial 5th respondent. I have perused the material record.

3. The learned counsel for the petitioner fairly concedes that the period of three years relating to the fishing rights in the subject tank has already expired and that, therefore, no cause survives for adjudication and hence, the writ petition has become infructuous.

4. Recording the said submission, the Writ Petition is dismissed as infructuous giving liberty to the petitioner to pursue any legal remedies, which the law permits. No costs.

Miscellaneous petitions, pending if any, in the writ petition shall stand closed.

__________________ M. SEETHARAMA MURTI, J 06.01.2016 Vjl