HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY W.P.No.1545 of 2011 Date : 17-2-2011 Between : Smt.Karri Soma Lakshmi and others .. Petitioners and The Commissioner, Endowments Department, Hyderabad and others .. Respondents Counsel for petitioners : None Counsel for respondent No.1 : A.G.P. for Endowments Counsel for respondent Nos.2 & 3 : None Counsel for respondent No.4 : Sri Shashidhar representing Sri V.T.M. Prasad, Standing Counsel for Endowments The Court made the following : ORDER: This Writ Petition is filed for a mandamus to declare the action of respondent No.4 in seeking to evict the petitioners from the premises situated in R.D.No.448/8 of SKBR College Road, Amalapuram, East Godavari District as illegal and arbitrary. The petitioner sought for a direction to respondent No.2 to issue patta certificates in their favour. At the hearing, there is no representation for the petitioners. I have heard Sri Shashidhar, learned counsel representing Sri V.T.M. Prasad, learned Standing Counsel for Endowments, representing respondent No.4. The petitioners claim to be absolute owners of the houses situated in the above mentioned survey number. It is their further case that originally one person by name Smt.Pindiprolu Mahalaxmamma donated the land to respondent No.4-Temple, over which the petitioners constructed their houses; that the petitioners worked as labourers under the said donor and while working as such they have raised huts over a part of the donated land and that even after the land was donated to respondent No.4- Temple, the petitioners continued to live on a part of the said land. They have further pleaded that without following due process of law, respondent No.4 has been trying to evict them from the land in question. On behalf of respondent No.4, its Manager filed a counter affidavit wherein it is inter alia stated that respondent No.4 filed O.S.No.97/92 against ten persons for their eviction in the court of the learned Senior Civil Judge, Amalapuram; that the said suit was decreed on 20-1-2000 and that the petitioners herein are related to defendant Nos.6 to 10 in the said suit. It is further averred that the said defendants filed A.S.No.45/2000 which was dismissed by the VIII Additional District Judge (Fast Track Court) on 12-4- 2005 and S.A.No.729/2005 filed by them was also dismissed by this court on 31-12-2006; that respondent No.4 filed E.P.No.51/2005 for recovery of possession of Ac.0-54 cents which was resisted by various persons including the petitioners herein by filing E.A.No.61/2006 on 20-6-2006 and E.A.No.29/2007 on 5-3-2007 and that E.A.No.29/2007 was dismissed against which C.R.P.No.1498/2007 was filed which was also dismissed by this court on 24-6-2010. No reply affidavit is filed controverting the above mentioned averments in the counter affidavit. Therefore, the contents of the counter affidavit deserve to be accepted as true. The petitioners having filed E.As. opposing the execution petition, failed to mention the said fact which is material for adjudication of this Writ Petition. The petitioners have thus suppressed the material fact. This court exercising discretionary jurisdiction under Article 226 of the Constitution of India does not extend its helping hand to persons who approach it with unclean hands. On this ground alone, the Writ Petition deserves to be dismissed. Even otherwise, the petitioners having failed to convince the civil court in execution proceedings are not entitled to invoke the extraordinary jurisdiction of this court under Article 226 of the Constitution of India. On both these grounds, the Writ Petition is dismissed. As a sequel to dismissal of the Writ Petition, WPMP No.1874/2011 is dismissed as infructuous. ____________________ C.V.Nagarjuna Reddy.,J Date : 17-2-2011 AM