IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWELVETH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.15424 of 2008 Between: Chakka Ayyapa Raju, S/o. late Chakka Venkata Ramana Murthy, R/o H. No. 4-4-51, Post Office Street, Tuni, East Godavari District. ....Petitioner And 1. The Commissioner, Endowments Department, Hyderabad. 2. The Deputy Commissioner, Endowments Department, Kakinada, East Godavri District. 3. The Assistant Commissioner, Endowments Department, Rajahmundry, East Godavari District. 4. The Manager, Gandhi Choultry, Tuni, East Godavari District. 5. The Chairman, Gandhi Choultry, Tuni, East Godavari District. ....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 issue an appropriate writ order or direction particularly one in the nature of writ of Mandamus, declaring the inaction of the respondents in evicting the lessess/encroadchers after expiry of the lease period of total 58 shops and not conducting the public auction to the 58 shops after expiry of the lease period by following the due process of law, as illegal, arbitrary, contrary to the principles of natural justice and violation of Constitution of India and consequently direct all the respondents to evict the lessess/encroachers of 58 shops after expiry of lease period and conduct the public auction by following the procedure which was enshrined under G.O.Ms.No.866, dated 08-08-2003 by taking disciplinary action against respondent Nos.2 to 5 for not initiating further steps within time and not following due process of law. Counsel for the petitioner : Sri B.V.S.S.Balakrishna Ranjit Counsel for respondent Nos.1 to 3 : Government Pleader for Endowments Counsel for respondent Nos.4 & 5 : Sri V.T.M. Prasad The Court made the following: ORDER: (per Anil R. Dave, C.J.) This is a public interest litigation wherein the petitioner has alleged that respondent Nos.4 and 5 have not been looking after the property of Gandhi Choultry. According to the petitioner, there are about 67 shops belonging to Gandhi Choultry and the same have not been auctioned properly and lessees are in possession of the shops though the period of lease has come to an end. Thus, it is alleged that there is inaction and carelessness on the part of the respondents with regard to maintenance of the property of Gandhi Choultry. A counter affidavit has been filed on behalf of respondent Nos.4 and 5 giving the details with regard to shops and how the shops have been leased out. It has been stated in the counter that most of the shops i.e. 52 shops are in occupation of lessees under valid lease. It has been further submitted that so far as some of the shops are concerned, the period of lease has expired, but the lessees have not vacated the shops and that needful is being done by the respondents. Upon perusal of the counter and upon hearing the learned Advocate appearing for respondent Nos.4 and 5, we feel that there is no inaction on the part of respondent Nos.4 and 5 as alleged by the petitioner. It has been assured by the learned Advocate appearing for respondent Nos.4 and 5 that needful shall be done to take possession of the shops in respect of which lease has come to an end. In view of the afore-stated circumstances, we do not find any substance in the petition and, therefore, the petition is rejected. ANIL R. DAVE, C.J. 12th August, 2008 VILAS V. AFZULPURKAR, J. ........REGISTRAR To 1. The Commissioner, Endowments Department, Hyderabad. 2. The Deputy Commissioner, Endowments Department, Kakinada, East Godavri District. 3. The Assistant Commissioner, Endowments Department, Rajahmundry, East Godavari District. 4. Two copies to the Govt. Pleader for Endowments, High Court Buildings, Hyderabad (OUT). 5. Two C.D. copies. ARS