IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION NO : 515 of 2009 Between: Sri Varaha Lakshmi Narasimha Swamy Devasthanam Simhachalam, Rep.by its Executive officer, Visakhapatnam District ..... PETITIONER AND 1 The Deputy Commissiner, Endowments Department Visakhapatnam 2 Greater Visakha Municipal Corporation, rep.by its Commissioner, Visakhapatnam 3 Visakhapatnam Urban Development Authority Rep.by its Vice Chairman, Visakhapatnam 4 The District Registrar, Visakhapatnam 5 The Sub-Registrar, Gopalapatnam Visakhapatnam District 6 G.Nagarajuna S/o.Late Appa Rao Door No.20-105A, Srinivasanagar Gopalapatnam, Visakhapatnam District 7 The Commissioner, Endowments Department, Boggulakunta, Hyderabad. (Respondent No.7 is impleaded as per the order dated 03.02.2009 in WPMP.No.2115 of 2009) .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate writ or order or direction more particularly one in the nature of writ of mandamus declaring the inaction of the 1st respondent in disposing OA.No.7/2002 resulting unauthorized constructions in the property belonging to the temple as bad illegal, contrary to Rule 39 of Enquiries And Appeals Rules, 1987 and Judgment of this Hon`ble Court in WP.No.9681 of 2008 dated 11.11.2008 and to direct the 1st respondent to dispose off the said OA forthwith without any further delay and consequentially to direct the other respondents not to permit any transactions and constructions in the lands belonging to the petitioner Devasthanam , situated in S.No.275/p of Adivivaram village, Chinnagadili Mandal, measuring to an extent of Ac.30.01 cts and Ac.3.36 cts in S.No.187/3B of Vepagunta village and Ac.3.86 cts in S.No.187/3D of Vepagunta village and Ac.4.70 cts in S.No.193/2B3 of Vepaguta village, Pendurthi Mandal, Visakhapatnam District pending disposal off the said OA. Counsel for the Petitioner:MR.V.VENUGOPALA RAO Counsel for Respondents: (1) GP for Endowments (2) Sri V.Preeti Reddy for Respondent No.4 (3) GP for Revenue (4) Sri N.Ranga Reddy (SC for GVMC). The Court made the following : THE HON’BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.515 of 2009 ORDER: It appears, the petitioner Devasthanam initially filed a petition being O.A.No.121 of 1995, under Section 83(1) of the Endowments Act 30/87, before the Deputy Commissioner, Endowments Department, Kakinada, requesting for removal of encroachment made by the respondent therein, who is the predecessor of the 6th respondent herein, in the site belonging to the petitioner Devasthanam. According to the petitioner Devasthanam, along with the said O.A., it also filed I.A.No.78 of 1997 in O.S.No.121 of 1995 and obtained temporary injunction restraining the respondent therein and his family members or his men from proceeding with any constructions in the petition schedule property until further orders, by an order dated 19.08.1997. While that being so, O.A.No.121 of 1995 was subsequently transferred to the file of the 1st respondent-Deputy Commissioner, Endowments Department, Visakhapatnam, where it was renumbered as O.A.No.7 of 2002. The grievance of the petitioner Devasthanam is that till date, O.A.No.7 of 2002 is not being disposed of, due to which lot of inconvenience is caused to it in protecting its properties, and that in spite of interim orders passed on 19.08.1997, the 6th respondent is making constructions in the lands of the petitioner Devasthanam, with the connivance of the authorities of the 2nd and 3rd respondents, and he is also making attempts to make the property of the petitioner Devasthanam as house plots and to alienate the same in favour of some third parties. Hence, this writ petition. Learned Government Pleader appearing for the 1st respondent supported the case of the petitioner. In the circumstances, without expressing any opinion on merits, the 1st respondent is directed to dispose of O.A.No.7 of 2002 pending on its file, as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order. The writ petition is, accordingly, disposed of. No order as to costs. _____________ C.V.RAMULU,J 03.02.2009 v v