M. Balakishan v. Government Of Andhr Pradesh, Rep By Commissioner,

THE HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION NO.21763 OF 2011 DATED:4-6-2015 Between:

M. Blakishan and another ... Petitioners And Government of Andhra Pradesh Rep. by Commissioner, Civil Supplies Department Erram Manzil, Hyderabad ... Respondents COUNSEL FOR THE PETITIONERS: Ms. P.V. Padmaja, for Mr. J. Prabhakar COUNSEL FOR RESPONDENT NOs.1 to 3: G.P. for Civil Supplies (TS) COUNSEL FOR RESPONDENT NO.4 : Mr. Thoom Srinivas COUNSEL FOR RESPONDENT NO.5 : A.G.P. for Home (TS)

THE COURT MADE THE FOLLOWING:

ORDER:

This writ petition is filed the following substantive relief: "to issue appropriate writ, order or orders more particularly one in the nature of writ of mandamus declaring the action of respondent Nos.3 and 5 in effecting the seizure of tanktruck bearing Regd. No.AP-36-Y-2417 along with High Speed Diesel product as illegal, arbitrary, and contrary to the provisions of Essential Commodities Act, 1955 and the Motor Spirit and High Speed Diesel (Regulationof Supply and Distribution & Prevention of

Malpractices) Order, 2005 and issue a consequential direction directing the respondents to release the tank-truck bearing Regn. No.AP-36-Y-2417 along with High Speed Diesel product to petitioner No.2 forthwith besides awarding damages to the petitioners at such rate as may be deemed fit by this Hon'ble Court." At the hearing, Ms. P.V. Padmaja, learned counsel, representing Mr. J. Prabhakar, learned counsel for the petitioner, submitted that the cause 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 dt.2.8.2011 in W.P.M.P. No.26509 of 2011 shall stand vacated and W.P.M.P. Nos.26509 and 27935 of 2011 shall stand disposed of as infructuous.

_______________________ C.V. NAGARJUNA REDDY, J 4-6-2015 bnr