THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No. 17033 OF 2003 Dated: 01.10.2010 Between: A.Muddu Krishna ..... PETITIONER AND Deputy Commissioner of Endowments, Endowments Department, Kurnool and others .....RESPONDENTS The Court made the following : THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No. 17033 OF 2003 ORDER : The petitioner herein claims to be in possession of a vacant site and a small building situated in Door No.5/50, Sannidhi Street, Tirumala belonging to the 3rd respondent. It is claimed that the petitioner was granted a lease and therefore, he is entitled to continue in possession and enjoyment of the same. Alleging that at the instance of persons, who are inimical to the petitioner, the 3rd respondent was trying to terminate the lease and recover the possession, the petitioner filed O.S.No.1030 of 1998 on the file of the Court of the Additional Junior Civil Judge, Tirupathi. The said suit was dismissed on 27.11.2002 and aggrieved by the same, the petitioner filed A.S.No.89 of 2002 on the file of the Court of the III Additional District Judge, Tirupati. Pending the appeal, interim injunction was granted against the 3rd respondent in I.A.No.1614 of 2002 on 23.12.2002. While so, at the instance of the 3rd respondent eviction proceedings have been initiated against the petitioner under Section 83 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short, ‘the Act’) and the petitioner was served with a notice in O.A.No.5 of 2003 calling upon him to show cause as to why he should not be removed from the building in question. Aggrieved by the same, the petitioner filed this writ petition contending inter alia that having regard to the pendency of A.S.No.89 of 2002, it is not permissible for the petitioner to invoke the eviction proceedings under Section 83 of the Act. This Court, by order dated 26.09.2003, granted interim stay of all further proceedings in O.A.No.5 of 2003 and the same has been in operation all through. No counter affidavit is filed on behalf of the respondents and whether A.S.No.89 of 2002 is still pending or not is not known. At any rate, having regard to the fact that O.A.No.5 of 2003 is still pending and only a notice was served on the petitioner, it is always open to the petitioner to file his counter and contest the matter. Hence, I deem it appropriate to dispose of the writ petition permitting the petitioner to file his counter and contest the proceedings in O.A.No.5 of 2003 on the file of the Court of the III Additional District Judge, Tirupati. Accordingly, the Writ Petition is disposed of. No costs. ___________ Date: 01.10.2010 G. ROHINI, J Ivd