IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 9964 of 2001 Between: Suresh Das S/o Tulja Das R/o H.No.14-7-265/266, Nagarkhan, Chudi Bazar, Hyderabad ..... PETITIONER AND 1 The Commissioner of Endowments Tilak Road, Hyderabad 2 Dy. Commissioner of Endowments Twin Cities, Hyderabad 3 Assist. Commissioner of Endowments Hyderabad .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to pass any order or direction more particularly one in the nature of writ or Mandamus declaring the impugned letter Rc.No.E/846/2001, dt.12-4-2001 issued by the III Respondent, as illegal, arbitrary, without jurisdiction and apart from it violate the principles of natural jurisdiction and apart from it violate the principles of natural justice and set-aside the same. Counsel for the Petitioner: Mr.N.ASHOK KUMAR Counsel for the Respondents: GP FOR ENDOWMENTS The Court made the following : ORDER: In this Writ Petition the only grievance of the petitioner is that he is sought to be evicted in pursuance of the order of the Assistant Commissioner of Endowments, Twin Cities, Hyderabad, as per his notice No.E/846/2001, dated 12-04-2001. 2. The copy of the said notice is produced along with the Writ Petition. The said notice purports to the implementation of the order in O.A.No.25 of 1978 passed by the Deputy Commissioner of Endowments, calling upon the petitioner herein to vacate and hand over possession of the schedule premises. 3. Petitioner has filed this Writ Petition contending firstly that he is not a party to the said O.A.No.25 of 1978 and secondly he claims that he is one of the heredity trustee and cannot be evicted and as such challenges the legality of the order in the said O.A. 4. While admitting the Writ Petition, this Court had granted stay of dispossession on 16-05-2001 and the said order is in force even now. No counter-affidavit is filed by any of the respondents. 5. In the circumstances, therefore, I feel it just and appropriate to dispose of this Writ Petition with the following directions: a. Petitioner is granted liberty to make an application, within four weeks from today, before the Deputy Commissioner, Endowments, Hyderabad in O.A.No.25 of 1978 setting out his claim or objections against his eviction in pursuance of the aforesaid O.A. b. On receipt of the application of the petitioner, the learned Deputy Commissioner shall issue notice to all the parties and hear and decide the said application in accordance with law and pass appropriate reasoned orders. Interim Stay of dispossession granted by this Court under the interim order as above, shall remain operative till the Deputy Commissioner adjudicates upon the application of the petitioner as directed above. There shall be no order as to costs. ____________________________ VILAS V. AFZULPURKAR,J 08th December, 2008. Note: Furnish C.C. of the order within one week. B/o Tsy To 1 The Commissioner of Endowments Tilak Road, Hyderabad 2 The Deputy. Commissioner of Endowments Twin Cities, Hyderabad 3 The Assistant Commissioner of Endowments, Hyderabad. 4. CCs to the GP for Endowments. 5. 2CD copies Form-NIC-OGS/WP{PRASAD}