IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION Nos. 26225, 26317, 26319, 26324, 26340, 26344, 26376, 26407, 26408, 26430, 26435, 26442, 26446, 26447, 26456 and 26457 of 2008 W.P. No.26225 of 2008 Between: Konijeti Ramesh, S/o. Late Kannaiah, Kanna Textiles and Tarpaulin Industries, 12-12-62, Paadi Street, Vijayawada - 520 001. ..... PETITIONER AND 1 The State of A.P. Rep by its The Commissioner, Endowments Department, Hyderabad. 2 The Joint Commissioner Cum, Executive Officer, Sri Durga Malleswaraswamy Varla Devasthanam, Vijayawada. .....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 particularly Writ of Mandamus directing the respondents not to evict the petitioner from the premises bearing No. 12-12-62, Paadi Street, Vijayawada which belongs to Sri Chunduri Venkata Reddy Charities by declaring the issuance of eviction notice by the second respondent in his proceedings Rc. No. 214/2005 dated 13-10-2008 without following due process of law is illegal and arbitrary. W.P.No.26317 of 2008 Between: Nalam Samba Siva Rao S/o. Narasimha Rao Shankar Industries, R/o. D/o.12-12-72, Paadi Street, Vijayawada- 520001. ..... PETITIONER AND 1 The State of A.P. rep. by its The Commissioner, Endowments Department, Hyderabad. 2 The Joint Commissioner cum Executive Officer, Sri Durga Malleswaraswamy, Varla Devasthanam, Vijayawada. .....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 particularly Writ of Mandamus directing the respondents not to evict the petitioner from the premises bearing No.12-12-72, "Shankar Industries" Paadi Street, Vijayawada which belongs to Sri Chunduri Venkata Reddy Charities by declaring the issuance of eviction notice by the second respondent in his proceedings R.C.No.12/1993 dated 31.10.2008 without following due process of law is illegal and arbitrary and pass W.P.No. 26319 of 2008 Between: M/s. Ravindra Mechanical & Fabrications, Rep. by its Prop. S. Ravindra S/o. Gopal Rao, R/o.D.No.12-12-83, Paadi Street, Vijayawada - 520001. ..... PETITIONER AND 1 The State of A.P. rep. by its The Commissioner, Endowments Department, Hyderabad. 2 The Joint Commissioner cum Executive Officer, Sri Durga Malleswaraswamy Varla Devasthanam, Vijayawada. .....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 to issue a writ order or direction particularly Writ of Mandamus directing the respondents not to evict the petitioner from the premises bearing No. 12-12-83 "M/s. Ravindra Mechanical and Fabrications" Paadi Street, Vijayawada which belongs to Sri Chunduri Venkata Reddy Charities by declaring the issuance of eviction notice by the second respondent in his proceedings Rc.No.68/1994 dated 31-10-2008 without following due process of law is illegal and arbitrary and pass such other order or orders. W.P.No.26324 of 2008 Between: S. Ravindra S/o. Gopal Rao R/o. D.No. 12-12-72, Paadi Street, Vijayawada. ..... PETITIONER AND 1 The State of A.P., Rep. by its The Commissioner, Endowments Department, Hyderabad. 2 The Joint Commissioner Cum Executive Officer Sri Durga Malleswara Swamy Varla Devasthanam, Vijayawada. .....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 to issue a writ order or direction particularly Writ of Mandamus directing the respondents not to evict the petitioner from the premises bearing No. 12-12-72 "Ravindra Mechanical Works" Paadi Street, Vijayawada which belongs to Sri Chunduri Venkata Reddy Charities by declaring the issuance of eviction notice by the Second Respondent in his proceedings Rc No. 68/1996 dt. 31- 10-2008 without following due process of law is illegal and arbitrary and pass such other order or orders W.P.No.26340 of 2008 Between: Meka Varada Rao, S/o. Narasimha Rao, R/o. D.No. 12-12-62/2, Paadi Street, Vijayawada - 520 001. ..... PETITIONER AND 1 The State of A.P. Rep by its The Commissioner, Endowments Department, Hyderabad. 2 The Joint Commissioner Cum, Executive Officer, Sri Durga Malleswaraswamy Varla Devasthanam, Vijayawada. .....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 to issue a writ order or direction particularly Writ of Mandamus directing the respondents not to evict the petitioner from the premises bearing No. 12-12-62/2 "Venkata Lakshmi Industries" Paadi Street, Vijayawada which belongs to Sri Chunduri Venkata Reddy Charities by declaring the issuance of eviction notice by the second respondent in his proceedings Rc.No. 226/91 dated 31-10-2008 without following due process of law is illegal and arbitrary and pass W.P.No. 26344 of 2008 Between: M. Babu ao, S/o. Chinna Anjaiah, R/o. D.No. 12-12-64, Paadi Street, Vijayawada - 520001. ..... PETITIONER AND 1 The State of Andhra Pradesh Rep. by its The Commissioner, Endowments Department, Hyderabad. 2 The Joint Commissioner Cum Executive Officer, Sri Durga Malleswaraswamy Varla, Devasthanam, Vijayawada. .....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 to issue a Writ order or direction particularly Writ of Mandamus directing the respondents not to evict the petitioner from the premises bearing No. 12-12-64 "Babu Rao Welding Shop" Paadi Street, Vijayawada which belongs to Sri Chunduri Venkata Reddy Charities by declaring the issuance of eviction notice by the second respondent in his proceedings Rc.No. 120/91 dated 31-10-2008 without following due process of law is illegal and arbitrary and pass W.P.No.26376 of 2008 Between: B.S.V.Prasad S/o.Seetharamaiah Contractors Company, R/o.D.No.12-12-83, Paadi STreet Vijayawada- 520001 ..... PETITIONER AND 1 The State of Andhra Pradesh, rep.by its The Commissioner Edowments Department, Hyderabad 2 The Joint Commissioner cum Executive Officer, Sri Durga Malleswaraswamy varla Devasthanam, Vijayawada .....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 to issue a writ order or direction particularly writ of mandamus directing the respondents not to evict the petitioner from the premises bearing No.12-12-83,"Shankar Engineering Works contractors Company" Paadi street,Vijayawada, which belongs to Sri Chunduri Venkata Reddy, charities by declaring the issuance of eviction notice by the second respondent in his proceedings Rc.No.40/90 dated 31.10.2008 without following due process of law is illegal, and arbitrary,and pass W.P.No. 26407 of 2008 Between: B.S.V. PRasad S/o. Seethramaiah Prop. M/s. Shanakar Engineering Work Contractors Company, R/o. D.No.12-12-83, Paadi Street, Vijayawada-520001. ..... PETITIONER AND 1 The State of A.P. rep. by its The Commissioner, Endowments Department, Hyderabad. 2 The Joint Commissioner cum Executive Officer, Sri Durga Malleswaraswamy Varla Devasthanam, Vijayawada. .....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 to issue a writ, order or direction particularly Writ of Mandamus directing the respondents not to evict the petitioner from the premises bearing No.12-12-83 "Shankara Engineering Works Contractors Company" Paadi Street, Vijayawada which belongs to Sri Chunduri Venkata Reddy Charities by declaring the issuance of eviction notice by the second respondent in his proceedings R.C.No.26/1995 dt. 31-10-2008 without following due process of law is illegal and arbitrary and pass W.P.No 26408 of 2008 Between: M/s. Centuri Steel Tube Company, Rep. by its Partner R. Sunil, S/o. V.B. Ramachand, R/o. D.No.12-12-69, Paadi Street, Vijayawada-520001. ..... PETITIONER AND 1 The State of A.P. rep. by its The Commissioner, Endowments Department, Hyderabad. 2 The Joint Commissioner cum Executive Officer, Sri Durga Malleswaraswamy Varla Devasthanam, Vijayawada. .....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 to issue a writ, order or direction particularly Writ of Mandamus directing the respondents not to evict the petitioner from the premises bearing No.12-12-69 "M/s. Centuri Steel Tube Company" Paadi Street, Vijayawada which belongs to Sri Chunduri Venkata Reddy Charities by declaring the issuance of eviction notice by the second respondent in his proceedings R.C.No.61/1991 dt. 31-10-2008 without following due process of law is illegal and arbitrary and pass W.P.No.26430 of 2008 Between: R. Ramakrishna, S/o. Late R.S. Ramabrahmam, M/s. Ramineni Industries, R/o. D.No.12-12-83, Paadi Street, Vijayawada-520001. ..... PETITIONER AND 1 The State of A.P. rep. by its The Commissioner, Endowments Department, Hyderabad. 2 The Joint Commissioner cum Executive Officer, Sri Durga Malleswaraswamy Varla Devasthanam, Vijayawada. .....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 to issue a writ order or direction particularly writ of Mandamus directing the respondents not to evict the petitioner from the premises bearing No. 12-12-62 "M/s. R.R. Enterprises." Paadi Street, Vijayawada which belongs to Sri Chunduri Venkata Reddy Charities by declaring the issuance of eviction notice by the Second Respondent in his proceedings Rc No. 197/1999 dt. 31-10-2008 without following due process of law is illegal, and arbitrary and pass W.P.No. 26435 of 2008 Between: M/s. R.R. Enterprises , Rep. by its Prop. Rallapalli Ramu S/o. Raja Rao R/o. D.No. 12-12-62, Paadi Street, Vijayawada ..... PETITIONER AND 1 The State of A.P., Rep. by its The Commissioner, Endowments Department, Hyderabad. 2 The Joint Commissioner Cum Executive Officer, Sri Durga Malleswaraswamy Varla Devasthanam Vijayawada. .....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 to issue a writ order or direction particularly writ of Mandamus directing the respondents not to evict the petitioner from the premises bearing No. 12-12-62 "M/s. R.R. Enterprises." Paadi Street, Vijayawada which belongs to Sri Chunduri Venkata Reddy Charities by declaring the issuance of eviction notice by the Second Respondent in his proceedings Rc No. 197/1999 dt. 31-10-2008 without following due process of law is illegal, and arbitrary and pass WRIT PETITION NO : 26442 of 2008 Between: A. Venkateswara Rao, S/o. Seetharamaiah, Venkateswara Steel Dealers, R/o. D.No. 12-12-83, Paadi Street, Vijayawada -520 001. ..... PETITIONER AND 1 The State of A.P. Rep by its the Commissioner, Endowments Department, Hyderabad. 2 The Joint Commissioner Cum, Executive Officer, Sri Durga Malleswaraswamy Varla Devasthanam, Vijayawada. .....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 to issue a writ order or direction particularly writ of mandamus directing the respondents not to evict the petitioner from the premises bearing No. 12-12-83 "M/s. Venkateswara Steel Dealers" Paadi Street, Vijayawada which belongs to Sri Chunduri Venkata Reddy Charities by declaring the issuances of eviction notice by the second respondent in his proceedings Rc.No. 9/1992 dated 31-10-2008 without following due process of law is illegal and arbitrary and pass W.P.No.26446 of 2008 Between: B. Rama Krishna S/o. B.S.V. Prasad M/s. Shankar Mill Stores Godown. R/o. D.No. 12-12-76, Paadi Street, Vijayawada - 520 001. ..... PETITIONER AND 1 The State of A.P. Rep. by its Commissioner Endowments Department, Hyderabad. 2 The Joint Commissioner cum Executive Officer Sri Durga Malleswara Swamy Varla Devasthanam, Vijayawada. .....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 to issue a writ order or direction particularly Writ of Mandamus directing the respondents not to evict the petitioner from the premises bearing No.12-12-76 "Shanker Mill Stores Godown" Paadi Street, Vijayawada which belongs to Sri. Chunduri Venkata Reddy Charities by declaring the issuance of eviction notice by the second respondent in his proceedings Rc.No.74/2004 dated 31-10-2008 without following due process of law is illegal and arbitrary. W.P.No.26447 of 2008 Between: M/s. Y.K. Traders, rep. by its Prop. Abdul Fakruddin S/o. Abdul Jaleel R/o. D.No. 12-12-85/C, Paadi Street, Vijayawada-520001. ..... PETITIONER AND 1 The State of A.P., Rep. by its The Commissioner, Endowments Department, Hyderabad. 2 The Joint Commissioner Cum Executive Officer, Sri Durga Malleswaraswamy Varla Devasthanam, Vijayawada. .....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 to issue a writ order or direction particularly writ of Mandamus directing the respondents not to evict the petitioner from the premises bearing No. 12-12-85/C "M/s. Y.K. Traders" Paadi Street, Vijayawada which belongs to Sri Chunduri Venkata Reddy Charities by declaring the issuance of eviction notice by the Second Respondent in his proceedings Rc No.9/1992 dt. 31-10-2008 without following due process of law is illegal, and arbitrary and pass W.P.No. 26456 of 2008 Between: A.V. Ramana Rao, S/o. Late Lakshman Rao, M/s. K.K. Laspt, R/o. D.No. 12-12-83, Paadi Street, Vijayawada -520 001. ..... PETITIONER AND 1 The State of A.P. Rep by its the Commissioner, Endowments Department, Hyderabad. 2 The Joint Commissioner Cum, Executive Officer, Sri Durga Malleswaraswamy Varla Devasthanam, Vijayawada. .....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 to issue a writ order or direction particularly writ of mandamus directing the respondents not to evict the petitioner from the premises bearing No. 12-12-83 "M/s. K.K.Laspt." Paadi Street, Vijayawada which belongs to Sri Chunduri Venkata Reddy Charities by declaring the issuances of eviction notice by the second respondent in his proceedings Rc.No. 9/1992 dated 31-10-2008 without following due process of law is illegal and arbitrary and pass W.P.No. 26457 of 2008 Between: Nalam Samba Siva Rao S/o. Seshaiah Shankar Industries R/o. D.No. 12-12-62, Paadi Street, Vijayawada. ..... PETITIONER AND 1 The State of A.P. rep. by its The Commissioner Endowments Department, Hyderabad. 2 The Joint Commissioner Cum Executive Officer Sri Durga Malleswaraswamy Varla Devasthanam Vijayawada. .....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 to issue a writ order or direction particularly Writ of Mandamus directing the respondents not to evict the petitioner from the premises bearing NO. 12-12-62 "Shanker Industries" Paadi Street, Vijayawada which belongs to Sri Chunduri Venkata Reddy Charities by declaring the issuance of eviction notice by the second respondent in his proceedings Rc No. 27/1992 dt. 31-10-2008 without following due process of law is illegal, and arbitrary and pass Counsel for the Petitioner:MR.M.N.NARASIMHA REDDY Counsel for the Respondent No.: GP FOR ENDOWMENTS THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION Nos. 26225, 26317, 26319, 26324, 26340, 26344, 26376, 26407, 26408, 26430, 26435, 26442, 26446, 26447, 26456 and 26457 of 2008 COMMON ORDER: While Sri V.T.M.Prasad, learned standing counsel for the second respondent-Temple, on instructions, would assert that the buildings in question are on the verge of collapse and would endanger lives of those who inhabit them, Sri M.N.Narasimha Reddy, learned counsel for the petitioners, would reiterate that this is just an excuse being adopted by the respondents to have the petitioners evicted from the buildings in question. Learned counsel for the petitioners would state that there is no imminent threat of buildings collapsing, and none more than the petitioners are concerned of their lives. Learned counsel for the petitioners would further state that the respondents have taken resort to this plea only to have the petitioners evicted from the property in question without adhering to the procedure established by law. Both Sri M.N.Narasimha Reddy, learned counsel for the petitioners and Sri V.T.M.Prasad, learned standing counsel for the second respondent-Temple, would state that it would suffice if this Court were to dispose of the writ petitions directing the respondents not to dispossess the petitioners without adhering to the statutory provisions under the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987, (for short ‘Act 30 of 1987’) and the rules made thereunder. Since both the counsel are ad idem, the writ petitions are disposed of directing the respondents not to dispossess the petitioners except in accordance with the provisions of Act 30 of 1987 and the rules made thereunder. However, in the circumstances, without costs. RAMESH RANGANATHAN,J Dt:10-12-2008 usd