IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.22575 of 2007 Between: Smt. Ramineni Jayaprada, W/o. Ranga Rao, R/o. Mangalapuram Village, Charlapalle Mandal, Krishna District. ..... PETITIONER AND 1 Government of Andhra Pradesh, Rep by its Prl. Secretary, Revenue (Endowments) Department, Secretariat, Hyderabad. 2 The Commissioner, Endowments Departments, Government of A.P. Hyderabad. 3 The Regional Joint Commissioner of Endowments, Kakinada, E.G. District. 4 The Assistant Commissioner of Endowments, Vijayawada, Krishna District. 5 The Executive Officer, Prudeswara Swamy Temple, Nadakuduru Village, Challapalli Mandal, Krishna District. 6 Jampana Venu Babu, S/o. Raghavulu, r/o. Nadellavaripalem, H/o Nadakuduru Village, Challapalli Mandal, Chittoor District. 7 Prudeswara Swamy Temple, Rep by its Manager, Nadakuduru Village, Challapalli Mandal, Krishna 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, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in conducting auction on 16-8-2007 of dry land admeasuring Ac. 4.09 cents in S.Nos.69 and 74 situated at Nadakuduru Village, Challapalli Mandal, Krishna District belonging to Sri Purdueswara Swamy Temple, without issuing notice to me and consequentially to set aside the sale held on 16-8-2007 as illegal, arbitrary and is in violation of principles of natural justice and to pass such other order or orders as this Hon'ble Court may deem fit Counsel for the Petitioner:MR.K.SUBRAHMANYAM Counsel for the Respondents: GP FOR ENDOWMENTS The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.22575 of 2007 ORDER: The writ petition is filed seeking a Writ of Mandamus declaring the action of the respondents in conducting auction on 16-08-2007 in respect of the dry land admeasuring Ac.4-09 cents in Sy.Nos.69 and 74 situated at Nadakuduru Village, Challapalli Mandal, Krishna District, belonging to Sri Purdueswara Swamy Temple, as illegal and arbitrary. It is the case of the petitioner that her father was a tenant from 1969 to 1970 of the land in question and after his death in the year 1992, she is in possession of the said land and has been paying rents regularly. It is stated that the petitioner filed an application before the 4th respondent for declaration requesting him to declare her as landless poor. The 4th respondent, without conducting any enquiry and without issuing any notice of hearing, rejected her claim on 22-08-2005 on the sole ground that she has been inducted into possession of the land in question only in the year 1992- 93 and hence, she is not entitled for declaration, as she was never in possession of the land in question for continuous period of six years. Aggrieved by the same, the petitioner preferred a revision before the 3rd respondent/Regional Joint Commissioner of Endowments, Kakinada, and the same is pending. Meanwhile, when the land in question is sought to be auctioned by the respondents, the petitioner approached this court and filed the present writ petition. This court, while issuing notice before admission, granted status-quo on 25-10-2007. Apparently, the revision is pending before the 3rd respondent, and it is for the authorities to decide as to whether the rejection of the claim of the petitioner by the 4th respondent is correct or not. Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the 3rd respondent to consider and dispose of the revision in accordance with law, after affording personal opportunity of hearing to the petitioner, within a period of six weeks from the date of receipt of a copy of this order. However, it is needless to say that the status-quo granted on 25-10-2007 shall stand continued pending disposal of the revision. There shall be no order as to costs. ____________ 19-03-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RLD}