IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO And THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT PETITION NO.5969 of 2008 Between: 1 Pathakota Veera Reddy S/o. P. Venkata Reddy, Door No. 26/53-B, Vasanthapeta, Proddatur, Kadapa District. 2 Pathakota Ramakrishna Reddy S/o. P. Rami Reddy Door No. 28/518, Rameswaram, Proddatur, Kadapa District. 3 Madem Gurivi Reddy S/o.M. Subba Reddy Door No. 28/313, Rameswaram, Proddatur, Kadapa District. 4 Madem Prabhakara Reddy S/o.M. Gurivi Reddy Door No. 26/989, Rameswaram, Proddatur, Kadapa District. 5 Badvel Chandrasekhara Reddy S/o. B. Yella Reddy Door No. 6/791, College Road, Proddatur, Kadapa District. 6 Palleti Venkata Subba Reddy S/o. P. Subba Reddy Door No. 26/1077, Rameswaram, Proddatur, Kadapa District. 7 Marthala Chandraobula Reddy S/o.Late M. Ramakrishna Reddy Door No. 6/250-19E, Revenue Colony, Behind Veternary Hospital, Proddatur Road, Mudukur Post, Kadapa District. 8 Palleti Chandrasekhara Reddy S/o. P. Muni Reddy Door No. 26/1076, Rameswaram, Proddatur, Kadapa District. 9 Mulepapu Nageswara Reddy S/o.M. Nagir Reddy Door No. 28/33, Rameswaram, Proddatur, Kadapa District. 10 Koduru Venkateswarlu S/o.K. Subbanna Door No. 8/442, Shivaji Street, Proddatur, Kadapa District. ...PETITIONERS AND 1 The Government of Andhra Pradesh, Rep. by its Principal Secretary to Government , Municipal Administration & Urban Development Department, A.P. Secretariat, Hyderabad. 2 The Assistant Commissioner of Endowments Kadapa, Kadapa District. 3 Sri Mukthi Ramalingeswara Swamy Temple Rameshwaram, Proddutur Town, Kadapa District, Rep. by its Executive Officer. ...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 appropriate writ order or direction preferably one in the nature of writ of Mandamus declaring Amended Act Section 24 (i) of Act 30 of 2007 as void and hit by Article 14 of the Constitution of India and consequently quash the Section 24(i) of Act 30 of 2007 and further declare the action of the respondent NO.2 in rejecting the claims of the petitioners for declaring them as landless poor persons without conducting any enquiry as prescribed under Rules as illegal, void and consequently direct the Respondent NO.2 to conduct the enquiry with regard to the status of the petitioner as landless poor persons as per Endowments Act and the Rules made there under and pass such other or further order or orders. Counsel for the Petitioners: MR.N.GURU GOPAL Counsel for the Respondents: GP FOR ENDOWMENTS The Court made the following: THE HON'BLE MR JUSTICE B.PRAKASH RAO And THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT PETITION NO.5969 of 2008 ORDER: (Per the Hon’ble Mr Justice B.Prakash Rao) Heard Sri N.Guru Gopal, learned counsel for the petitioners, learned Assistant Government Pleader for Endowments for respondent No.1, learned Standing Counsel for respondent No.2 and learned Standing Counsel for respondent No.3. At their request, the Writ Petition itself is taken up for disposal. The petitioners, who claim to be the leaseholders, sought for a Writ of Mandamus declaring the Amended Act Section 24 (i) of Act 30 of 2007 as void and hit by Article 14 of the Constitution of India and to quash the same and further declaring the action of respondent No.2 in rejecting their claims for declaring them as landless poor persons without conducting any enquiry, as prescribed, as illegal and for a consequential direction to respondent No.2 to conduct the enquiry with regard to the status of the petitioners as landless poor persons. The grievance of the petitioners is that even though the petitioners sought for a declaration that they are landless poor persons, respondent No.2 has rejected the same without conducting any enquiry mainly on the ground that the provisions of the Act have no application. In support, he sought to place reliance on a letter dated 01.02.2008 alleged to have been written by Sri N.Guru Gopal, learned counsel, on which there is an endorsement by respondent No.2 herein vide Endts. in N.Dis.No.A2/291/08 Adm. Dt.26.02.2008, which reads as under. “Returned. The applicant is informed that the land was leased out for grazing purpose only and it was also situated in municipal limits. Hence, it does not apply to the applicant for declaration of poor tenant. More over, he never approached the undersigned for his declaration hitherto and not supplied any certificate required.” Even on a reading of the aforesaid endorsement and contents of the letter, it shows that the applicant has not filed any application for declaration. It is only an endorsement on the letter of the advocate. In spite of this Court pointing out the same, learned counsel for the petitioners submits that even though the petitioners went to the office of respondent No.2, his application is not received. Learned Assistant Government Pleader and learned Standing counsel submit that in the absence of any proper application coming forth on behalf of the petitioner, the question of complaining that their case is not considered and no enquiry is conducted is not sustainable. Having heard on either side and on perusal of the material available on record, it is quite apparent that there is no application filed by the petitioners seeking any such declaration. It is only on the letter of the Advocate, the said endorsement is made. Unless any application is made, there is no possibility of any action of declaration by the respondents. Therefore, we do not find any merits in the Writ Petition. Accordingly, the Writ Petition is dismissed. It is always open to the petitioners to approach respondent No.2 for appropriate relief. It is needless to mention that if such an application is filed, the same shall be disposed of on merits, after giving notice and opportunity to both the sides. No costs. _________________ (B.PRAKASH RAO, J) __________________ (C.Y.SOMAYAJULU, J) 31st March 2008 RRB