IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINETH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NO : 12193 of 2007 Between: Sri Vatsavayi venkata Rayaparaju, s/o Ramachandra Raju, Ex.Chairman of Sri Markandeya Mrukthendeswara Swamy Devasthanam, Khandavalli, Peravalli Mandal, West Godavari District. ..... PETITIONER AND 1 the state of Andhra Pradesh represented by the Commissioner of Endowments, Endowments, Department, Tilak Road, Hyderabad. 2 the Deputy Commissioner of Endowments, Kakinada, East Godavari District. 3 The Assistant Commissioner of Endowments, endowments Department, Eluru, West Godavari District. 4 Markandeya Mrukthendeswara Swamy Devasthanam, represented by its Manager, Khandavalli, peravalli Mandal, West Godavari District. .....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 a direction, more particularly one in the nature of writ of mandamus declaring the action of the respondents in not taking any steps, despite repeated representations made by the petitioner and despite the orders of the Assistant Commissioner of Endowments dated 16-04-2004 on the matter of evicting the illegal occupatns over the fourth respondent temple land and allowing them to cultivate the temple- land, as being arbitrary, illegal and unreasonable and contrary to the interest of the temple, apart from being contrary to the statutory provisions of the Endowments Act and issue a consequential direction directing the respondents to forthwith take possession of the fourth respondent-temple land from the illegal occupation of the persons and lease them by putting the same to public auction for getting more income to the fourth respondent temple and pass such further or other orders as deem fit and proper. Counsel for the Petitioner:MR.P.LAKSHMA REDDY Counsel for the Respondent No.: GP FOR ENDOWMENTS The Court made the following : THE HON'BLE SRI JUSTICE P.S.NARAYANA W.P.No.12193 of 2007 ORDER: 1. Heard the Counsel. 2. The Writ Petition is filed for a Writ of Mandamus declaring the action of the respondents in not taking any steps despite repeated representations made by the petitioner and despite the orders of the Assistant Commissioner of Endowments dated 16-4-2004 in the matter of evicting the illegal occupants over the 4th respondent temple and land allowing them to cultivate the temple land as being arbitrary, illegal and unreasonable and contrary to the interest of the temple apart from being contrary to the statutory provisions of the Endowments Act and issue a consequential direction directing the respondents to forthwith take possession of the 4th respondent-temple land from the illegal occupation of the persons and lease them by putting the same to public auction for getting more income to the 4th respondent- temple. 3. Several facts had been narrated in the affidavit filed in support of the Writ Petition in paras 2, 3, 4, 5, 6, 7 and 8 of the affidavit filed in support of the Writ Petition. 4. It is needless to say that the respondents are bound to take the necessary steps in this regard in accordance with Law. Accordingly, the Writ Petition is disposed of directing the respondents to take appropriate action in accordance with Law as early as possible by duly considering the representations made in this regard within a period of three months. No costs. _________________ Justice P.S.Narayana Date : 29-2-2008 AM ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RS}