IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION No.12373 of 2009 Between: Paruchuri Paparao, s/o. Venkata Subba Rao, Kotagiri Lanka Village, Avanigadda Mandal, Krishna District. ..... PETITIONER AND 1 Government of Andhra Pradesh Department of Endowments, Rep by its Prl. Secretary, Secretariat Buildings, Hyderabad. 2 The Asst. Commissioner of Endowments, Near Global Hospital, Governorpet, Vijayawada. 3 The Station House Officer, Police Station Avanigadda, Krishna District. 4 Sri Rajasekhara Swamy Vari Devasthanam, Rep by its Executive Officer, Avanigadda Village & Mandal, Krishna District. 5 Sri M. Murali Krishna, Executive Officer, Sri Rajasekhara Swamy Vari Devasthanam, Avanigadda Village & Mandal, Krishna District. 6 Smt. P. Rani, W/o. Vijaya Kumar, Kotagirilanka Post, Avanigadda Mandal, Krishna 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 will be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 3 to 5 in evicting the petitioner from the agriculture land admeasuring Ac. 4.92 cents situated in R.S.No. 20 of Avanigadda Village & Mandal, Krishna District as contrary to law, arbitrary, against the principles of natural justice, without jurisdiction and vitiated by malafides. Counsel for the Petitioner: MR.APPA RAO VUPPUTURI Counsel for the Respondent Nos.1 and 2: GP FOR ENDOWMENTS Counsel for the Respondent No.3: GP FOR HOME Counsel for the Respondent No.4: MR V.T.M.PRASAD (SC FOR ENDOWMENTS) The Court made the following : ORDER: This writ petition is filed seeking a writ of mandamus declaring the action of respondents 3 to 5 in evicting the petitioner from the agriculture land admeasuring Ac.4.92 cents situated in R.S.No.20 of Avanigadda Village and Mandal, Krishna District, as arbitrary and illegal. It is the case of the petitioner that he is landless poor and that the land admeasuring Ac.5.00 cents situated in R.S.No.20 of Avanigadda village and Mandal, Krishna District, owned by the fourth respondent-Temple has been under his cultivation and his forefathers as tenants since 1948. His status as leaseholder of the said land is periodically recorded in record of rights i.e., adangals etc. In the year 2002 when the fourth respondent-temple was resorting to evict the petitioner from the said land to hand over the same to the third parties, he filed W.P.No.21947 of 2002, wherein this Court directed that the petitioner shall be entitled to remain in possession of the land on payment of the lease amount of Rs.5000/- per acre per annum, and that the land in question shall not be alienated to any third parties. While so, the fifth respondent, with an intention to induct the sixth respondent into the land in question, fraudulently obtained his signature on a blank paper and orally directed him to vacate the land in question. The third respondent-Station House Officer, Avanigadda, is also threatening him and preventing him from entering into the land and trying to evict him from the said land without following due process of law as contemplated under the provisions of the A.P. Charitable and Hindu Religious Institutions & Endowments Act 1987. The petitioner has submitted representations to the first and second respondents on 12.06.2009 but in vain. Hence the present writ petition. Heard the learned counsel for the petitioner and the learned counsel for the respondents. Admittedly, the petitioner has not produced any documentary evidence i.e., lease deed, or any order granting lease in his favour, showing that he is the cultivating tenant of the land in dispute. In the absence of any documentary evidence, the petitioner is not entitled to any relief as claimed by him. Accordingly, the writ petition is dismissed. N.V.RAMANA, J Date: 25.06.2009 va