IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 14741 of 2008 Between: Kakarlapudi Veeraju S/o.K.Narasimha Raju Residing at Maddela Veedi, Opp: Adibatla Narayanadasu Municipal School, Vijayanagaram. ..... PETITIONER AND 1 The Commissioner for Endowments, Ramkote, Hyderabad. 2 The Assistant Commissioner for Endowments, Visakhapatnam. 3 The Assistant Commissioner for Endowments, Vijayanagaram. 4 The Executive Officer, Neelayamma Vidyarthi Satram, Alias Neelayamma Choultry, Vijayanagaram. 5 Dr. Sheshagiri Rao Kanukurti Vari Veedhi, Opp: Fort, Vijayanagaram. .....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, direction or order more so a writ in the nature of Mandamus by declaring the inaction of the respondents in not removing the encroachers from the trust properties as illegal, arbitrary and direct the respondents to redeliver the trust properties of late Raja Kakarlapudi Neelayamma Garu with powers to manage the trust properties to the petitioner. Counsel for the Petitioner: MR.G.VASANTHA RAYUDU Counsel for the Respondents: GP FOR ENDOWMENTS The Court made the following ORDER: THE HON’BLE MS JUSTICE G.ROHINI Writ Petition No.14741 of 2008 ORDER: This writ petition is filed seeking a writ of Mandamus declaring the alleged action on the part of the respondents in not removing the alleged encroachments from the properties of the trust as arbitrary and illegal and for consequential direction to the respondents to re-deliver the properties of the trust of late Raja Kakarlapudi Neelayamma Garu with powers to manage the same to the petitioner, who claims to be the legal heir of the founder trustee. At the outset, it is to be noted that the petitioner has already made a detailed representation on 30.04.2008, requesting the first respondent to make necessary enquiry into the alleged encroachments and to take appropriate steps. Since the matter is pending consideration before the first respondent, it is neither necessary nor proper for this Court to express any opinion on merits. In stead, I deem it appropriate to dispose of the writ petition with a direction to the first respondent to consider the representation of the petitioner, dated 30.04.2008, and pass appropriate orders in accordance with law, after giving due notice to the fifth respondent as well as to all other persons concerned to rebut the allegations made, as expeditiously as possible, preferably within a period of eight weeks from the date of receipt of a copy of this order. The writ petition is accordingly disposed of. No costs. _______________ 10.07.2008 VGB