IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 10735 of 2001 Between: Sri D. Pattabhi Rami Reddy S/o D. Ramakrishna Reddy R/o Diguvareddivaripalle, Chandragiri Taluk, Chittoor District. ..... PETITIONER AND 1 Commissioner of Endowments Tilak Road, Boggulakunta, Abids, Hyderabad. 2 The Deputy Commissioner of Endowments, Kurnool, Kurnool District. 3 Sri Swami Hathiramjee Mutt, Rep. by its Custodian, (Regional Joint Commissioner of Endowments Cadre) M.G.Road, Tirupati, Chittoor District. 4 Vakati Jyothi W/o V. Chittaranjan R/o Eguvareddivari Palli Village, Chandragiri Mandal, Chittoor District. R4 is impleaded as per court order dt.31-1-03 in WPMP 2102/03. 5 Pendli Krishnaiah S/o Veerappa R/o Eguva Reddivari Palli Village, Chandragiri Mandal, Chittoor District. R5 is impleaded as per court order dt.31-1-03 in WPMP 2102/03. .....RESPONDENT(S) 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 third Respondent passed in Rc.No.B4/1383/80, dated 19-05-2001 as null and void and without jurisdiction for the reason that the provisions of the A.P.Tenancy Act are very much applicable to the lands belonging to the Religious or Charitable Institution and hence the proceedings contemplating to hold a public auction on 7-06-2001 at 10.00 AM Tender-cum-Public Auction of schedule mentioned land covered by Sy.No.131 admeasuring Acs.6-92 cts. situated at Chandragiri belonging to Sri Swamy Hathiramji Mutt, Tirupati cannot be allowed to proceeded with and the entire proceedings have got to be declared as one without jurisdiction and pass Counsel for the Petitioner: MR.M.VIDYASAGAR Counsel for the Respondents: GP FOR ENDOWMENTS The Court made the following : THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.No. 10735 OF 2001 ORDER 1. This writ petition questions a notice in R.C.No. B4/1383/80, dated 19.5.2001 issued by the Custodian-cum- Assistant Commissioner of Endowments, Tirupathi whereunder the land bearing Sy.No. 131, admeasuring Ac.6- 92 cents belonging to Sri Swami Hathiramji Muttt, Chandragiri Taluq was proposed to be put in public auction on 7.6.2001. The petitioner alleges that he has direct interest in the aforesaid land as he is in possession of the said land right from the time of his forefathers i.e., from 1966 onwards and challenges the said auction in this writ petition on several grounds. 2. While admitting the writ petition, by order dated 6.6.2001 this court has granted stay of the impugned notice whereby the proposed auction as contemplated in the said notice has not taken place and the petitioner claims that he continues to be in possession of the property. Since more than 7 years have gone by and the legislative environment has also changed, the writ petition has become infructuous and adjudication of the matter on merits does not arise. 3. The writ petition is accordingly dismissed as infructuous. However, there shall be no order as to costs. Dt. 4.12.2008 ________________________ VILAS V. AFZULPURKAR, J KR ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 Commissioner of Endowments Tilak Road, Boggulakunta, Abids, Hyderabad. 2 The Deputy Commissioner of Endowments, Kurnool, Kurnool District. 3 Sri Swami Hathiramjee Mutt, Rep. by its Custodian, (Regional Joint Commissioner of Endowments Cadre) M.G.Road, Tirupati, Chittoor District. 4..2 CCs to GP for Endowments, 5. 2 CD copies Form-NIC-OGS/WP{SRAVAN}