IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION No.13484 of 2005 Between: Desetti Pedakapu S/o.Abbayee R/o.Rameswaram Pedapudi Mandal, East Godavari District. ..... PETITIONER AND 1 Govt. of AP rep by its Principal Secretary Revenue (Endowments) Department, Secretariat, Saifabad Hyderabad. 2 The Assistant Commissioner, Endowments Department, Rajahmundry, East Godavari District. 3 The Executive Officer Sree Sarvamangala Sametha Ramalingeswarmyvari Devasthanam, Rameswaram, Peda Pudi Mandal,East Godzavari 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 may be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 3rd respondent in proposing to conduct auction on 25.6.2005 without issuing any notice to the Petitioners to an extent of land admeasuring Acs.5.00 cents in R.S.No.385 of Pedapudi Mandal, Rameswaram, East Godavari District as being illegal, arbitrary, and unconstitutional apart from being violative of the Rules framed under the Act and consequently direct the respondents to act in accordance with law and pass such further order or orders. Counsel for the Petitioner:MR.CH.DHANAMJAYA Counsel for the Respondent Nos.1 and 2: GP FOR ENDOWMENTS Counsel for the Respondent No.3 : Smt.N.Indrani The Court, at the stage of admission, made the following : ORDER: Heard Sri Ch.Dhanamjaya, learned counsel for the petitioner, learned Government Pleader for Endowments appearing for respondents 1 and 2 and Smt.N.Indrani for the third respondent and with their consent the writ petition is disposed of at the stage of admission. The petitioner herein contends that he is a landless poor person and that he is entitled to protection under Section 82 of the A.P.Charitable and Hindu Religions Institutions and Endowments Act, 1987 (for short “the Act”). It is his case that he has not been given any notice before auction is conducted in terms of Rule 5(1) of the Rules notified under G.O.Ms.No. 379. He contends that if auction is permitted to go on 25.06.2005, he would be summarily thrown out on completion of auction proceedings, despite the statutory protection to which he is entitled to under the Act and the Rules made thereunder. Power is conferred, under the Rules, on the second respondent to determine as to whether a tenant of the temple land is a landless poor person or not. The writ petition is disposed of with a direction to the petitioner to submit a detailed explanation to the second respondent within one week from the date of receipt of a copy of this order and the second respondent is directed to determine the status of the petitioner as to whether he is a landless poor person or not within a period of three weeks thereafter. Pending such determination, while the auction contemplated to be held on 25.06.2005 may go on, the same shall not be finalized. SD/-N.MURALIDHAR RAO ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Principal Secretary, Revenue (Endowments) Department, Govt. of AP, Secretariat, Saifabad Hyderabad. 2 The Assistant Commissioner, Endowments Department, Rajahmundry East Godavari District. 3 The Executive Officer Sree Sarvamangala Sametha Ramalingeswarmyvari Devasthanam, Rameswaram, East Godzavari District. 4 Two C.Cs to the G.P., for Endowments, High Court Buildings, Hyderabad (OUT). 5 2 CD copies 6. 1 CC to MR.DHANAMJAYA. ADVOCATE (OPUC) APS. DATED:24/6/2005 ORDER WP.NO.13484 OF 2005 DISPOSED OF WP WITHOUT COSTS.