IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF NOVEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE P.S. NARAYANA WRIT PETITION No.24762 OF 2009 Between: Sri Varaha Lakshmi Narasimha Swamy Devasthanam, Simhachalam, represented by its Executive Officer, Visakhapatnam District. .... PETITIONER AND The Deputy Commissioner, Endowments Department, Visakhapatnam and another ....RESPONDENTS The Court made the following: THE HON’BLE SRI JUSTICE P.S. NARAYANA WRIT PETITOIN No.24762 OF 2009 ORDER: This Court ordered notice before admission on 16.11.2009. Sri B. Adinarayana Rao entered appearance on behalf of respondent No.2. 2. Heard Sri V. Venugopala Rao, learned counsel representing the writ petitioner, the learned Assistant Government Pleader for Endowments representing respondent No.1 and Sri B. Adinarayana Rao representing respondent No.2. 3. The writ petition is filed for a writ of mandamus declaring inaction of respondent No.1 in disposing O.A.No.70 of 2007 filed against respondent No.2, resulting unauthorized constructions in the property belonging to the temple in Sy.Nos.76/2 and 198/2 situated at Adavivaram Village, Visakhapatnam Rural Mandal and District admeasuring 3556 square yards, as bad, illegal, contrary to Rule 39 of Enquiries and Appeals Rules, 1987 and to direct respondent No.1 to dispose of the said O.A. forthwith without any further delay and consequently to direct respondent No.2 not to proceed with any transactions in the said land belonging to the Petitioner-Devasthanam, pending disposal of the said O.A. and pass such other suitable orders. 4. Sri V. Venugopala Rao, learned counsel representing the writ petitioner, placed strong reliance on Jagannath Swamy Temple (Jeera) Trust v. Deputy Commissioner, Endowments Dept. and others[1], wherein this Court at paragraph No.9 observed as hereunder: “In exercise of the powers conferred by Sections 149 and 153 of the Act, the Enquiries and Appeals Rules, 1987 had been framed by virtue of G.O.Ms.No.651, Revenue (Endowments), dated 30.06.1989. Rules 32 to 39 of the said rules deal with the procedure for filing an application and appeals. Rule 39 of the said rules reads that no proceeding initiated or application filed under Sections 83,87 and 133 of the Act shall be kept pending before the Deputy Commissioner for more than six months from the date of initiation of proceedings or filing of such application. If the object of the aforesaid statutory provisions and also the Rules framed thereunder are carefully read, the intention is that the applications filed before the concerned Deputy Commissioner are to be disposed of within a period specified by the Rule 39 of the Rules. It is rather peculiar that if the authorities under the Act even without numbering the O.As keep the matters, virtually, such inaction on the part of the authorities under the Act definitely will be contrary to the very object of the provisions of the Act and the Rules framed thereunder, specified supra. Hence, I have no hesitation in holding that the inaction on the part of these respondents 1 and 2 in this regard can definitely be assailed by way of a writ petition in the facts and circumstances of the case.” 5. It is the case of the Petitioner-Devasthanam that the Petitioner- Devasthanam is the absolute owner of the land in Adavivaram Village, Visakhapatnam District. The Special Deputy Tahsildar (Inams), Visakhapatnam, held an enquiry under Section 3(3) of Andhra Pradesh Inams (Abolition and Conversion into Ryotwari) Act, 37/1956 (for short, ‘the Act’) and subsequently the Mandal Revenue Officer, Visakhapatnam (Rural), under Section 7(1) read with Section 4 of the Act had granted ryotwari pattas in favour of Sri Varaha Lakshmi Narasimha Swamy Devasthanam, Simhachalam, Visakhapatnam and the details of the lands had also been specified. 6. Respondent No.2 filed O.S.No.150 of 2007 on the file of VII Additional District Judge, Visakhapatnam. Obtaining of temporary injunction in I.A.No.283 of 2007 in O.S.No.150 of 2007 and the Petitioner-Devasthanam preferring C.M.A.No.705 of 2007 and the dismissal thereof had also been referred to. Rule 39 of the Enquiries and Appeals Rules, 1987 (for short, ‘the Rules’) had also been referred to and the proceedings in G.O.Ms.No.578, Revenue (Endowments IV), dated 19.08.2000 had also been specified. 7. The main grievance of the petitioner is that respondent No.1, The Deputy Commissioner, Endowments Department, Visakhapatnam, is not disposing O.A.No.70 of 2007 in accordance with law. However, a further direction had been prayed for to direct respondent No.2 not to proceed with any transaction in the said land of petitioner- Devasthanam, pending disposal of O.A. 8. In the facts and circumstances of the case, this Court is not inclined to express any opinion relating to the said portion of the relief, but, however, this Court is thoroughly satisfied that it cannot be just and proper to grant such relief at this stage under Article 226 of the Constitution of India and hence the same is hereby negatived. Without expressing any opinion touching the merits and demerits of the case, it is needless to say that it is the bounden duty of respondent No.1 to dispose of O.A.No.70 of 2007 in accordance with Rule 39 of the Rules. 9. In the light of the same, this writ petition is disposed of directing respondent No.1 to dispose of O.A.No.70 of 2007 without any further adjournments in strict compliance with Rule 39 of the Rules. Rule 39 aforesaid specifies that no proceedings initiation or application filed under Sections 83, 87 and 133 of the Act shall be kept pending before the Deputy Commissioner for more than six months from the date of initiation of proceedings or filing of such application. 10. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. __________________ P.S. NARAYANA, J November 26, 2009 MD [1] 2004 (7) ALT 198