IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION NO : 17672 of 2005 Between: Pabolu Seetha Ramanjaneyulu S/o. Satyanarayana R/o. Agraharam Eluru, W.G.District. ..... PETITIONER AND 1 State of Andhra Pradesh Rep.by its Secretary, Revenue Department Secretariat Hyderabad. 2 Commissioner of Endowments Govt. of A.P Hyderbad. 3 Assistant Commissioner, Endowments Department Govt. of A.P Powerpet Eluru. 4 S.K.Chinna Nageswara Rao Person-in-charge in Mangement of Sri Bhagavat Prayer & Peace Samajan Tagellamudi Eluru. 5 The Commissioner Eluru Municipality Eluru W.G.District. 6 The District Collector Eluru W.G.District. 7 The Divisional Engineer (Operation) Eastern Power Distribution Company Thagallamudi Eluru, W.G.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 a writ, in the nature of writ of mandamus or any other appropriate writ, direction order or orders declaring the action of the Respondents in allowing encroachments in Sy.No.69/1 of Thangellamudi, Eluru Mandal, and Town locality canned as Kummari Rev belonging to Sri Bhagavat Prayer and Peace Samajam @ Shanti Nilayam vesting in the Endowments Department and consequently direct the respondents to evict all the encorachers forthwith from Sy.No.69/1 of Thagellamudi Villanage. Counsel for the Petitioner:MR.M.P.CHANDRAMOULI Counsel for the Respondent No.: GP FOR ENDOWMENTS The Court made the following : ORDER: This writ petition is filed seeking a mandamus to declare the action of respondents in allowing the encroachers in the land in Sy.No.69/1 of Thagellamudi village, Eluru Mandal and Town, West Godavari District, called as Kummari revu, belonging to Sri Bhagavath Prayer and Peace Samajam @ Shanti Nilayam (hereinafter called ‘Samajam’), vesting in the Endowments Department and consequently, direct the respondents to evict them forthwith. According to the petitioner, he is one of the members of the founder’s family of the Samajam. His grand father, by name, Pabolu Kotaiah, donated land to an extent of Ac.12.00 in Sy.No.69/1 of Tangellamudi village, to the said Samajam, for propagation of Hindu religious prayers, yoga and also to provide food, clothes and shelter to devotees. The family members of said Kotaiah including the petitioner have been managing the properties of the Samajam. The properties of the Samajam were registered with the Endowments Department. The Deputy Commissioner of Endowments Department, Kakinada, passed an order in O.A.No.98 of 1976 under Section 77 of the Endowments Act, declaring his grand father as hereditary trustee. When the grand father of the petitioner became sick, he requested the Endowments Department to appoint a Trust Board with his grand son, by name, Nageswara Rao, as Manager of the Trust during the year 1985. Thereafter, grandfather died in the year 1985. But no action was taken. However, the Assistant Commissioner, after lot of persuasion, issued notice dated 30.04.1999 stating that enquiry would be held to recognize the founder trust. Pursuant to the said notice, no enquiry was held. Petitioner issued another notice, dated 10.05.2000 and the trust deed and earlier order of the Deputy Commissioner were also produced. After demise of the grand father, there is no trust board, which paved the way for mismanagement of the properties. When the Endowments Department tried to sell its property for a song by private negotiations, the petitioner filed W.P.No.3899 of 2004 and got stay order on 04.03.2004. The said writ petition is pending. Now, the grievance of the petitioner is that unauthorized persons are illegally occupying the land in question by raising structures therein, and are trying to obtain electrical, water supply connections etc. During municipal elections, the political parties made some promises that they will provide permanent pattas and other amenities to the landless poor and a news item was also published in Andhra Jyothi Daily, dated 08.06.2005 to this effect. The petitioner states that the value of the property is more than Rs.25 crores. It is in the outskirts of Eluru town and has become part of the Municipality and that the encroachments were being regularized providing by way of water and electricity connections, roads and other amenities. Hence, the petitioner filed this writ petition. While admitting the writ petition on 10.08.2005, this Court granted an interim order directing the respondents not to provide any water, electricity connections, ration cards or pattas to the encroachers of the land in question. Respondent No.3 filed counter-affidavit admitting the allegations made by the petitioner. He stated that the Endowments Department is taking all steps to protect and safeguard the said valuable property. The encroachments made two times earlier were removed, but in third time, the CPI/CPM party persons tried to encroach the land and attacked the officials at the time of removal of encroachments. This had happened during the Municipal elections and the encroachers tried to get water connections, formation of roads, pattas with the influence of political leaders. But due to the diligent action taken by the Endowment Department, the said proposals were not materialized at that time. Having regard to the averments made in the counter- affidavit, the respondents are directed to protect the land of an extent of Ac.16.00 in Sy.No.69/1 of Tangellamudi Village, Eluru Mandal and Town, by fencing it completely with the assistance of the police, if required, and see that no encroachments takes place in future. The Writ Petition is accordingly disposed of. No order as to costs. ______________ C.V.RAMULU, J Date:23.07.2009 sj