IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 16939 of 2008 Between: Smt.Pydah Vani Sundari W/o.Late Pydah Yasodara Gupta R/o.27-4-24, Temple Street, Kakinada, East Godavari District. ..... PETITIONER AND 1 The Regional Joint Commissioner Endowment Department, Multi Zone-1, Kakinada, East Godavari District. 2 The Deputy Commissioner Endowment Department, Multi Zone-1, Kakinada, East Godavari District. 3 The Assistant Commissioner Endowment Department, Multi Zone-1, Rajahmundry, East Godavari District. 4 Sri Pydah Chalamayya Srinivasa Kalyana Mandapam, Kakinada, rep. by its Founder and family member Padah Seshagiri Rao R/o.27-4-24, Temple Street, Kakinada, 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 a Writ of Mandamus or any other appropriate Writ, Order or direction, declaring the action of the respondent authorities, in trying to evict the petitioner herein from the vacant site to an extent of 1000 Sq. yd., in Block No.7, Ward No.1, of Kakinada, belongs to Sri Pydah Chelamayya, Srinivasa Kalyanamandapam Kakinada, pending disposal of the Revision Petition ﬁled by the petitioner herein before the 1st respondent herein, as illegal, arbitrary, contrary to the Rules, and in violation of Article 14, 21 & 31 of the Constitution of India and further direct the respondents herein not to evict the petitioner herein from the schedule land, and pass such other order or orders. Counsel for the Petitioner:MR.RAMA RAO MAVIDI Counsel for the Respondent No.: GP FOR ENDOWMENTS The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 16939 of 2008 O R D E R: The petitioner herein ﬁled a revision petition before the ﬁrst respondent-Regional Joint Commissioner, Kakinada under Section 92 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987, challenging the order passed by the second respondent dated 15-04-2008 in O.A.No.110 of 2007. Along with the revision petition, the petitioner also ﬁled I.A.No.10 of 2008 seeking stay of all further proceedings including eviction pursuant to the order of the second respondent dated 15-04-2008. However, no orders have been passed on his application for stay so far. In the meanwhile, since the fourth respondent is taking steps to evict the petitioner, on the basis of the order in O.A.No.110 of 2007, this writ petition is ﬁled seeking a declaration that the action of the respondents is arbitrary and illegal. As could be seen from the material on record, since the statutory revision petition preferred by the petitioner is pending before the ﬁrst respondent, it would be appropriate to protect his possession till the petition for stay is disposed of, on merits. It is also clear from the record that in I.A.No.10 of 2008, a notice was already issued to the respondents on 22-05-2008 ﬁxing the date of enquiry as 02-07-2008. In the circumstances, without expressing any opinion on merits, the writ petition is disposed of with a direction to the ﬁrst respondent to dispose of I.A.No. 10 of 2008 after hearing both the parties as expeditiously as possible preferably within a period of four weeks from the date of receipt of a copy of this order. Till such time, the order of the second respondent dated 15-04-2008 in O.A.No.110 of 2007 shall not be given effect to. No costs. ______________ G. ROHINI,J Date: 05-08-2008 Note: Issue operative portion by wire. B/o KLP