IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 15401 of 2005 Between: 1 Veerabathula Peda Tataiah,S/o. Badrari 2 Chodagiri Vara Laxmi, W/o. Late Peraiah garu, Tadepalligudem, Pathuru, West Godavari District. 3 Vakula Suranna, S/o. Saraiah, R/o. Kaspa Pentapadu, Pentapadu Mandal West Godavari District. 4 Orupula Subba Rao, S/o. Papaiah R/o. Kaspa Pentapadu, Pentapadu Mandal West Godavari District. 5 Thota Janakamma, W/o. Late Subba Rao, R/o. Kaspa Pentapadu, Pentapadu Mandal West Godavari District. 6 Thota Satyavathi, W/o. Late Subba Rao, R/o. Kaspa Pentapadu, Pentapadu Mandal West Godavari District. 7 Budaballa Chandra Rao, S/o. B. Simhachalam, R/o. Rajahmundry, East Godavari District. 8 Nallamilli Veera Raghava Reddy, S/o. Late Gani Reddy, R/o. Pentapadu, Pentapadu Mandal, West Godavari District. 9 Nallamilli Rami Reddy, S/o. Late Appireddy R/o. Pentapadu, Pentapadu Mandal, West Godavari District. 10 Bandaru Kannaiah, S/o. Kishnamma, R/o. Pentapadu, Pentapadu Mandal, West Godavari District. 11 Darapu Reddy Venkata Rao, S/o. Late Pentapadu, R/o. Pentapadu, Pentapadu Mandal, West Godavari District. 12 Mudivleria Dasaradha Rama Rao, S/o. Baphu R/o. Kaspa Pentapadu, Pentapadu Mandal West Godavari District. ..... PETITIONERS AND 1 Regional Joint Commissioner, Kakinada, East Godavari District. 2 Assistant Commissioner, Endowments Department, Eluru, West Godavari, District. 3 The Fit Person, Byragimatam Sree Gopala Swamy and Sree Anjaneva Swamy Devasthanam, Kaspa Pentapadu, Pentapadu Mandal, West Godavari Dist. .....RESPONDENTS Counsel for the Petitioners:MR. M.SRINIVAS FOR MR.CH.DHANAMJAYA Counsel for Respondent Nos.1 and 2: AGP FOR ENDOWMENTS The Court made the following : ORDER: At the interlocutory stage, the writ petition is taken up for hearing and disposal with the consent of the learned counsel for the parties. This writ petition is filed for a writ of mandamus to declare the proposed auction of lands comprised in R.S.No.30/1 etc., admeasuring Acs.60.61 ¼ cents of Kaspa Pentapadu Village, Pentapadu Mandal, West Godavari District belonging to respondent No.3 Devasthanam as illegal and arbitrary. Heard Sri M.Srinivas, learned counsel representing Sri Ch.Dhanamjaya, learned counsel for the petitioners and the learned Assistant Government Pleader for Endowments. A perusal of the record shows that on 15.07.2005, this Court while declining to stay of auction observed that any auction conducted would be subject to the result of the WPMP. In the counter-affidavit filed by the Fit Person of respondent No.3 institution, it is averred that in pursuance of the order of this Court, the proposed auction was postponed. From the nature of the observation of this Court as discussed above, there was absolutely no warrant for respondent No.3 to postpone the auction. Either the Fit Person of respondent No.3 would have failed to understand the true purport of the order of this Court or colluded with the petitioners to postpone the auction. Be that as it may, since the auction notification has become abortive, the cause in the writ petition does not survive for consideration. Before parting with this case, it is appropriate to observe that in the counter-affidavit filed by respondent No.3, it is categorically stated that the claim of the petitioners to declare them as landless poor persons was rejected by the Assistant Commissioner, Endowments as far back as 15.07.2003 and the appeals filed by them were dismissed by the Regional Joint Commissioner on 13.05.2004, 31.05.2004 and 10.06.2004. No reply affidavit has been filed to controvert these averments. While disposing of the writ petition as infructuous, these averments contained in the counter-affidavit, which deserve acceptance are placed on record. As a sequel to disposal of main petition as infructuous, WVMP.No.744 of 2008 is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 15th JULY, 2008. Note:Copy shall be marked to the Commissioner, Endowments to take note of the conduct of the Fit Person in postponing the auction. kvni