IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF JUNE TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 13774 of 2005 Between: K. Seetharamiah, S/o. K. Veeraiah R/o. Jupudi Village, Amaravathi Mandal, Guntur District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep., by its Principal Secretary (Revenue) Endowments Department,, Secretariat, Saifabad, Hyderabad. 2 The Regional Joint Commissioner, Endowments Department, Multi Zone-II, Tirupathi. 3 The Assistant Commissioner, Endowments Department, Guntur District. 4 The Executive Officer, Sri Kasivisweswara Swamy Temple, Guntur 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 an order, direction or Writ more particularly one in the nature of writ of Mandamus or any other appropriate writ declaring: i) the action of 4th Respondent in proposing to conduct auction on 29-6-2005 without issuing any notice to the petitioner to an extent of land admeasuring land Ac. 4.12 cents in Survey No. 34/1 of Jupudi Village, Amaravathi Mandal, Guntur District has been illegal, arbitrary and unconstitutional, apart from being violative of the Rules framed under the Act; and consequently direct the Respondents to act in accordance with law; ii) proceedings of the 3rd Respondent herein Dt. 31-3- 2005 as illegal, arbitrary, unjust and contrary to the Procedure contemplated under Sections 83 to 86 of Act, 1987 and violation of the principles of natural justice and consequently set aside the order Rc.No. A3/8151/2003, dt. 31-3-2005. Counsel for the Petitioner: Ms. K.VANI Counsel for the Respondents: GP FOR ENDOWMENTS The Court, at the stage of admission, made the following: ORDER: The petitioner, claims to be a land less poor person, an existing lessee of lands belonging to Kasi Visweswaraswamy temple, Jupudi village, Amaravathi Mandal, Guntur District, and to the benefits under Section 82(5) of the A.P.Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for brevity, “the Act”). 2. The petitioner submitted an application to the 4th respondent for being declared a landless poor person and for the benefits under the Act. By the order of the 4th respondent, dated 31-03-2005, the claim of the petitioner was rejected on the finding that he was cultivating an extent of Ac.5.06 cents of dry land which made him ineligible to be a landless poor person and therefore, to the benefits under the Act. As against the said order the petitioner claims to have immediately filed an appeal before the 2nd respondent which is stated to have been numbered as Appeal No.13 of 2005. The petitioner claims that along with the appeal he has filed an application for interlocutory relief, i.e., stay of the order of the 4th respondent, dated 31-03-2005. 3. The petitioner’s grievance is that the 2nd respondent-appellate authority has not disposed of the interlocutory application and that the respondents are taking steps to dispossess him from the lands, which are in his possession, belonging to the subject temple and in which there is a standing crop. 5. In view of the facts aforesaid and also after hearing the learned Government Pleader for Endowments, the Writ Petition is disposed of directing the 2nd respondent to expeditiously, and in any event, within a period of one week from the date of receipt of a copy of this order, consider and dispose of the interlocutory application of the petitioner filed along with the Appeal No.13 of 2005. Till the disposal of the interlocutory application by the 2nd respondent, as afore-directed, the petitioner shall not be dispossessed. Nothing in this order should be construed as an exception by this Court on the merits of the petitioner’s appeal or his claim to being a landless poor person. All these aspects will be determined by the appellate authority, in the appeal or for the interlocutory purpose, on the merits of the petitioner’s appeal/application and on the evidence on record. 6. With the above direction, the Writ Petition is disposed of. _____________________ (GODA RAGHURAM,J) 28th June, 2005. Note: Furnish CC within two days. B/o Tsy To 1 The Principal Secretary (Revenue), Endowments Department, Government of Andhra Pradesh, Secretariat, Saifabad, Hyderabad. 2 The Regional Joint Commissioner, Endowments Department, Multi Zone-II, Tirupathi. 3 The Assistant Commissioner, Endowments Department, Guntur District. 4 The Executive Officer, Sri Kasivisweswara Swamy Temple, Guntur District. 5 Two CCs to the GP for Endowments, High Court of A.P., Hyderabad (O.U.T.) 6 Two CD copies