THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.2349 of 2010 ORDER: The Executive Officer, Sri Varaha Lakshmi Narasimha Swamyvari Devasthanam, Simhachalam, 3rd respondent herein, served a notice, dated 05.01.2010, upon the petitioner, requiring him to handover the vacant possession of a plot of 216 square yards in Survey No.141/P of Vepagunta Revenue Village, Visakhapatnam (Rural) Mandal and District. It was alleged that the ryotwari patta was granted in favour of the 3rd respondent under Section 7(1) of the A.P. (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956, vide proceedings, dated 16.01.1997. The petitioner states that, he came to know about the order, dated 16.01.1997, only through the notice, and soon thereafter, he preferred an appeal before the 1st respondent with an application for condonation of delay as well as for stay of the eviction. His grievance is that, even before any orders are passed by the 1st respondent, he is sought to be evicted. Heard learned counsel for the petitioner, learned Government Pleader for Revenue and learned Standing Counsel for the 3rd respondent. A perusal of the notice discloses that the 3rd respondent required the petitioner to handover vacant possession of the plot. It was made clear that, in case the petitioner does not vacate the plot, proceedings under the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short “Endowments Act”), would be initiated, obviously under Section 83 thereof. Further, it cannot be said that there was undue delay on the part of the 1st respondent in passing orders in the appeal, or in an application for stay. It is said to have been presented, on 30.01.2010. This much, however, can be said that the 3rd respondent cannot forcibly evict or demolish the structures, if any, upon the plot, unless the proceedings under the Endowments Act are initiated. Hence, the Writ Petition is disposed of, directing that the 3rd respondent shall not forcibly evict, or demolish the structures, if any, on the plot, mentioned in the notice, dated 05.01.2010, except by initiating proceedings under the Endowments Act. There shall be no order as to costs. _____________________ L. NARASIMHA REDDY, J. Dt.08-02-2010. JSU THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.2349 of 2010 Date: 08.02.2010 JSU