IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GOPALAKRISHNA TAMADA Writ Petition No.6710 of 2008 Between: Smt. Kandikatla Seetharavamma, w/o late Subba Rao, r/o Santhamaguluru (V)&(M), Prakasam District. ... PETITIONER AND 1. The Regional Joint Commissioner, Endowments Department, Multi Zone-II, Tirupathi, Chittoor District. 2. The Assistant Commissioner, Endowments Department Ongole, Prakasam District. 3. The Executive Officer, Sri Parasu Veedeswara Swamy Temple, Santhamaguluru (V)&(M), Praksam 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 writ order direction more particularly one in the nature of writ of certiorari to call for the records relating to order dated 06-02-2008 passed in Appeal No.24/2006 (old Appeal No.811/2006) on the file of first respondent herein and to quash the same as illegal, arbitrary and contrary to Act 30 of 1987 and consequently set aside the order passed by second respondent in Rc.B4/4990/03-02 dated 03-08- 2006 and to grant such other reliefs. Counsel for the Petitioner: Smt. T.KAVITHA GOTTIPATI Counsel for the Respondents1 &2:GP FOR ENDOWMENTS Counsel for the Respondent No.3: Mr. V.T.M. PRASAD The Court made the following: ORDER: - According to petitioner, her husband was a lessee of third respondent Temple and he had been in possession of the lands belonging to the said Temple since 1972. It is stated that subsequent to the death of her husband in 1999, petitioner was permitted to continue as a lessee of the Temple lands. However, when the petitioner was sought to be evicted she preferred a claim before the Assistant Commissioner of Endowments, but the said claim was rejected. Questioning the said order, petitioner preferred an appeal as provided for under Section 82 of the Andhra Pradesh Charitable and Hindu Religious Institutions & Endowments Act, 1987 (for short, ‘the Act’) and the Rules made thereunder. But, however, the Regional Joint Commissioner, who is the appellate authority rejected the said appeal by his order dated 06-02-2008. Questioning the said order, petitioner approached this Court and filed the present writ petition. 2. Having considered the arguments of learned counsel for petitioner Smt. Kavitha Gottipati and learned Government Pleader for Endowments, this Court sees no merits in this writ petition. As the Commissioner of Endowments is empowered to call for the records and pass appropriate orders on any application filed by the aggrieved person, petitioner is hereby directed to prefer a revision as provided for under Section 92 of the Act, within a period of four weeks from today. On such revision being filed, the Commissioner may pass appropriate orders after giving sufficient opportunity to the petitioner. Till such an application or representation or revision is filed, petitioner shall not be dispossessed from out of the lands in question. 3. With the above directions, the writ petition is disposed of at the stage of admission. _______________________________ JUSTICE GOPALAKRISHNA TAMADA Dt.28-03-2008 GLV ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER Copy to: 1. The Regional Joint Commissioner, Endowments Department, Multi Zone-II, Tirupathi, Chittoor District. 2. The Assistant Commissioner, Endowments Department Ongole, Prakasam District. 3. The Executive Officer, Sri Parasu Veedeswara Swamy Temple, Santhamaguluru (V)&(M), Praksam District. 4. 2CCs to 5. 2CD copies Form-NIC-OGS/WP{BMR}