IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.8038 of 2008 Between: Sri Rameshwargir, Chela of Late Seshagirji, H.No. 4-1-53, Hanauman Tekdi, Hyderabad. ..... PETITIONER AND 1 The Commissioner of Endowments, Tilak Road, A.P. at Hyderabad. 2 The Deputy Commissioner, Endowment Department, Hyderabad Division, Hyderabad, Tilak Road, at 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 may be pleased to issue writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 1st Respondent in not passing appropriate orders in O.A No. 49 of 2005 on the file of the 2nd respondent, as illegal, arbitrary and consequently direct the respondent No.1 to exercise powers U/Sec. 87(3) of the Endowments Act (Act 30 of 1987). Counsel for the Petitioner: MR.KRISHNA MURTHY ATTIVILLI Counsel for the Respondents: GP FOR ENDOWMENTS The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.8038 of 2008 ORDER: Petitioner states that he filed O.A.No.42 of 1987 under Section 45 read with Section 87(1) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short “the Act”), before the 2nd respondent-Deputy Commissioner of Endowments, seeking to declare certain property situated at Hanuman Tekdi, Hyderabad, is his private property. After conducting enquiry, the 2nd respondent passed an order on 09.02.1990 declaring that an extent of 981 square yards of land covered by the house bearing Municipal No.4-1-53 situated at Hanuman Tekdi, Hyderabad, belongs to the petitioner and the remaining extent of 173.99 square yards of land belongs to the temple, and the 1st respondent also confirmed the same by order dated 17.04.1990. Be that as it may, at the instance of third parties, the 2nd respondent entertained O.A.No.49 of 2005 and though he heard the third parties and the petitioner herein, he did not pass any orders and sent the matter to the 1st respondent in the year 2006, and the 1st respondent has also not yet passed any orders. Hence, this writ petition. On 15.04.2008 when this matter was taken up for hearing, this Court directed the learned Assistant Government Pleader for Endowments to get instructions. Today, on instructions, the learned Assistant Government Pleader submitted that the 2nd respondent passed orders in O.A.No.49 of 2005 and thereafter sent the same to the 1st respondent and the matter is pending consideration before the 1st respondent. In the light of the said submission, this writ petition is disposed of directing the 1st respondent to pass appropriate orders in O.A.No.49 of 2005 within a period of four weeks from today. There shall be no order as to costs. __________ 17.04.2008 sh To 1 The Commissioner of Endowments, Tilak Road, A.P. at Hyderabad. 2 The Deputy Commissioner, Endowment Department, Hyderabad Division, Hyderabad, Tilak Road, at Hyderabad. 3. Two C.Cs 4. Two C.D. copies.