IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 13815 of 2008 Between: 1 Mr. P.Ashok Kumar, S/o. Kr.P.Rama Rao, R/o. H.No.3-6-426, Road No.4 Himayathnagar, Hyderabad. 2 Mr. M.Durga Prasad, S/o. SRi. M. Subba Rao, R/o. H.No.3-6-426, road No.4 Himayathnagar, Hyderabad. 3 Ms.Sarita Devi, D/o. Sri Hansraj Agarwal, R/o. H.No.3-6-426, Road No.4 Himayathnagar, Hyderabad. 4 Ms. Archana Devi, D/o. Sri Rajkumar, R/o. H.No.3-6-426, Road No.4 Himayathnagar, Hyderabad. ..... PETITIONERS AND 1 The Government of Andhra Pradesh, Rep by its Principal Secretary, Revenue and Endowments Department, Secretariat, Hyderabad. 2 The Commissioner, Endowments, Government of A.P., office at Tilak Road, Hyderabad. 3 The Assistant Commissioner, Endowments, Rangareddy District, Office at Yadagiri Bhavan, Barkathpura, Hyderabad. .....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 grant an order, direction or writ, more so in the nature of writ of mandamus declaring the show cause notice issued by the respondent No.1 bearing RC No.59419/Endts IV/B1/07 dated 12.12.2007 as illegal, arbitrary, highhanded and disproportionate to the findings of the Enquiry Commissioner apart from violative of Article 14 of the Constitution of India and consequently set aside the same and direct the respondents to consider the proposals of the petitioners with regard to the land admeasuring 3403.66 Sq.Yards in Survey No.493 and 494 situated at Attapur Village, RajendraNagar Mandal, Ranga Reddy District. Counsel for the Petitioner:MR.R.RAGHUNANDAN Counsel for the Respondent Nos.1 to 3: GP FOR ENDOWMENTS The Court made the following : ORDER This writ petition is filed seeking a declaration that the notice issued by the first respondent dated 12.12.2007 is arbitrary, illegal and disproportionate to the findings of the Enquiry Commission, apart from being violative of Article 14 of the Constitution of India and consequently, to set aside the same. At the out set, it is to be noted that the impugned notice is only a show cause notice issued by the first respondent and the petitioners herein were called upon to show cause as to why the order dated 25.5.2005 issued by the Commissioner of Endowments should not be cancelled. Though in the impugned notice, the petitioners were called upon to submit explanation on or before 15.1.2008, the petitioners stated that the notice was served only in the month of May. Be that as it may, since admittedly as on today, there is no order adverse to the interest of the petitioners, I am of the opinion that the writ petition is premature and it is neither necessary nor proper for this Court to express any opinion on various grounds raised by the petitioner assailing the action proposed under the impugned notice. In the circumstances, without going into the merits of the case, I deem it appropriate to dispose of the writ petition granting permission to the petitioners to submit their explanation to the impugned show cause notice within a period of two weeks from today. If any such explanation is submitted within the time granted above, the first respondent shall consider the same and pass appropriate orders in accordance with law. It is needless to mention that in case, the petitioners are aggrieved by the order that may be passed by the first respondent, it is always open for them to challenge the same by working out appropriate remedy as available under law. Writ petition is disposed of accordingly. No costs. __________ 01-07-2008 rkk .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Government of Andhra Pradesh, Rep by its Principal Secretary, Revenue and Endowments Department, Secretariat, Hyderabad. 2 The Commissioner, Endowments, Government of A.P., office at Tilak Road, Hyderabad. 3 The Assistant Commissioner, Endowments, Rangareddy District, Office at Yadagiri Bhavan, Barkathpura, Hyderabad. 4.2CD copies