IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE ELEVENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION No. 11325 of 2009 Between: Kukunurin Bhaskara Rao S/o. Satyam R/o. Pothavaram Village, Nallajerla Mandal, West Godavari District. ..... PETITIONER AND 1 Sitharamaswamy Vari Devasthanam, Pothavaram Village, Nallajerla Mandal,West Godavari District by its Executive Officer. 2 The Deputy Commissioner of Endowments, Kakinada, East Godavari District 3 The Assistant Commissioner of Endowments, Eluru, West 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 may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus or any other appropriate writ, declaring the direction of the respondent in not considering petitioner representations and conducting auction without notice for eviction for the land belong to 1st respondent in Survey No.459 for an extent of 3.42 cents situated in Pothavaram Village, Nallajerla Mandal,West Godavari District is illegal, arbitrary and in violation of principles of natural justice and consequently direct the respondents to consider petitioner representations for extention of lease period of the said land. Counsel for the Petitioner: SRI S.SURENDRA KUMAR Counsel for Respondent No.1 : SRI V.T.M.PRASAD. Counsel for the Respondents 2 and 3: GP FOR ENDOWMENTS Counsel for Respondent No.1 : Sri V.T.M.Prasad. The Court made the following : ORDER: This writ petition is filed by the petitioner stating that he became the highest bidder in the auction conducted on 22.05.2006 for the lease of the land to an extent of Ac.3.42 cents covered by Sy.No.459 situated in Pothavaram village, Nallajerla Mandal, belonging to the first respondent-Sitharamaswamy Vari Devasthanam, Pothavaram, for a period of three years. Thereafter, he submitted several representations to the 1st respondent for getting the subject land surveyed as some part of the subject land is being utilized by the Roads & Buildings Department. Pursuant to the said representations, the 1st respondent got the subject land measured through the Mandal Surveyor, and thereafter the Mandal Revenue Officer, Nallajerla Mandal issued a certificate to the 1st respondent on 11.08.2008 stating that as per the village records, the land to an extent of Ac.6.84 cents in Sy.No.459 is the land belonging to the 1st respondent temple and that out of the said extent, the land to an extent of Ac.0.54 cents is being used by Roads & Buildings Department for road purpose and the remaining land of Ac.6.30 cents is being used as agricultural land. The case of the petitioner is that though the actual land leased out to him was said to be Ac.3.42 cents and he has paid the lease amount for the said extent, in fact, he was in possession of only Ac.2.88 cents and, therefore, he submitted a representation in the month of December, 2008 to the 3rd respondent-Assistant Commissioner of Endowments, West Godavari District, Eluru, (a copy of which was also marked to the 2nd respondent-Deputy Commissioner of Endowments, Kakinada and other officials) requesting to reduce the Makta payable by him only for the land in his possession, in vein. It is stated that the petitioner has also submitted a representation to the 3rd respondent on 25.01.2009 requesting to pass necessary orders for continuing his leasehold rights over the subject land and not to conduct auction of the subject land till action is taken as per law in respect of the land to an extent of 0.54 cents being used by R & B Department, but so far neither the 3rd respondent nor the 2nd respondent has taken any action thereon. Heard the learned counsel for the petitioner, learned Government Pleader for Endowments appearing for respondents 2 and 3 and Sri V.T.M.Prasad, learned Standing Counsel appearing for respondent No.1. Learned Standing Counsel appearing for respondent No.1 submits that since the representation dated 25.01.2009 filed by the petitioner is pending before the 3rd respondent, instead of this Court going into the matter, the authorities may be directed to dispose of the same, for which the petitioner also agreed. In the circumstances, without expressing any opinion on merits, I deem it appropriate to direct the 3rd respondent-Assistant Commissioner of Endowments, Eluru to dispose of the representation dated 25.01.2009 said to have been filed by the petitioner as expeditiously as possible, preferably within a period of six weeks from the date of receipt of a copy of this order. Accordingly, the writ petition is disposed of. No order as to costs. ______________ N.V.RAMANA,J 11.06.2009 v v