IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE NINETEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GOPALAKRISHNA TAMADA Writ Petition No.5327 of 2008 Between: 1. Badvel Nagamuni Reddy, s/o B. Peddamuni Reddy, Door No.26/1010, Mittamadi Rameswaram Proddatur, Kadapa District. 2. Badvel Munisekhar Reddy, s/o B. Eshwar Reddy, Door No., Rameswaram Water Tank Proddatur, Kadapa District. 3. Badvel Muni Reddy, s/o B. Peddamuni Reddy, Door No.28/385, Rameswaram Proddatur, Kadapa District. 4. Badvel Ramalakshmamma, w/o B. Sambasiva Reddy, Door No.26/921-5, Rameswaram Proddatur, Kadapa District. 5. Palleti Srinivasa Reddy, w/o Subba Reddy, Door No.26/1077Rameswaram Proddatur, Kadapa District. 6. Gopu Venkata Subbaiah, w/o G. Subbaiah, Door No.7/426-4 Near Ushodaya High School, Coop Colony, Proddatur, Kadapa District. 7. Baeenaboina Krishnaiah, s/o B. Gurrappa, Door No.5/95 Gokulam Nagar, Near Housing Board, Proddatur, Kadapa District. 8. Varikuti Nagireddy, s/o V. Tirupala Reddy, Door No.26/1080, Rameswaram Proddatur, Kadapa District. 9. Mulepaku Nageswara Reddy, s/o M. Nagi Reddy, Door No.28/33,Rameswaram Proddatur, Kadapa District. ... PETITIONERS AND 1. The Assistant Commissioner of Endowments, Kadapa, Kadapa District. 2. Sri Mukthi Ramalingeswara Swamy Temple Rameswaram, 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 may be pleased to issue an appropriate writ, order or direction preferably one in the nature of writ of mandamus declaring the action of respondent in rejecting the claims of the petitioners for declaring them as landless poor persons without conducting any enquiry as prescribed under the Rules as illegal void and consequently direct respondent No.1 to conduct enquiry with regard to the status of the petitioners as landless poor persons as per Endowments Act & Rules made thereunder and to pass such other orders. Counsel for the Petitioner: Mr. N. GURU GOPAL Counsel for the Respondents: GP FOR ENDOWMENTS The Court made the following: ORDER: - According to petitioners they are the tenants of different lands in different Survey Nos. of Somulavaripalli Gram Panchayat, Proddutur Mandal, Kadapa District and the said lands belong to second respondent Temple. It is stated that the lease of the said lands, according to petitioners, was given about 30 years back and though they gave a representation on 28-02-2008 requesting the authorities to pass appropriate orders treating them as landless poor persons, the authorities have not passed any orders. Hence, the petitioners approached this Court and filed the present writ petition. 2. Heard learned counsel for petitioners and learned Government Pleader for Panchayat Raj and learned Standing Counsel for second respondent Temple. 3. There is a dispute with regard to the submission of the representation in question. Though it is stated by learned counsel for the petitioners that a representation was given to the authorities, learned standing counsel for second respondent Temple and Government Pleader for Panchayat Raj stated that such a representation was never given. However, a copy of the representation dated 28-02-2008 filed before the Court clearly indicates that the office of the Assistant Commissioner of Endowments received the same on 01-03-2008. Hence, it cannot be said that such a representation was never given. 4. In the light of the above, this Court directs the respondents particularly the Assistant Commissioner of Endowments, who is arrayed as first respondent, to consider the representation dated 28-02- 2008 and pass appropriate orders as provided for under Section 82 of the Endowments Act. However, the petitioners are also directed to submit a copy of the said representation to first respondent within a period of one week. 5. With the above directions, the writ petition is disposed of at the stage of admission. No order as to costs. ________________________________ JUSTICE GOPALAKRISHNA TAMADA Dt.19-04-2008 GLV ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER Copy to: 1. The Assistant Commissioner of Endowments, Kadapa, Kadapa District. 2. 2CCs to 3. 2CD copies Form-NIC-OGS/WP{BMR}