IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION Nos. 7205 and 7217 of 2008 WRIT PETITION NO : 7205 of 2008 Between: 1 Kistapati Krishna Reddy S/o Rama Krishna Reddy 2 Murari Setty Harikrishna S/o Subbaiah 3 Gangula Bapireddy S/o Pulla Reddy 4 Udumula basivireddy S/o Subba Reddy 5 Shanivarapu Chinna Koteswaramma W/o Saidulu Reddy 6 Gangula Yedukondala Reddy S/o Pulla Reddy All are R/o Lingamgunta Agraharam, Nasaraopet Mandal, Guntur District. ..... PETITIONERS AND 1 The State of Andhra Pradesh, rep by Principal Secretary, Endowment Department, Secretariat, Hyderabad. 2 The Commissioner of Endowments Department, Tilak Road, Boggulakunta, Hyderabad. 3 Sri Pushpagiri Mutt, rep by its Manager, Kadapa. ....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 a Writ, order or direction particularly in the nature of Writ of Mandamus directing the respondents to consider the representation of the petitioners dt 10-8-2007 submitted to the 2nd respondent by considering the proceedings of the Asst. commissioner, Endowments Department, Guntur in Rc. No. B1/12893/2007, dt 1-2- 2008 and issue necessary order or proceedings confirming right to purchase the lands by the petitioners from the 3rd respondent under Sec. 82(2) of the Act 30 of 1987 and to pass such other order or orders as this Hon'ble Court deem fit and proper in the circumstances of the case and in the interest of justice by declaring inaction on the part of the respondent in considering case of the petitioners for purchasing the lands of the 3rd respondent mutt as being small farmers. WRIT PETITION No.7217 of 2008 Between: 1 Ogirala Koteswaramma W/o.Narasimha Reddy R/o.Lingamgunta Graharam Narsarao Pet(M) Guntur Dist 2 Gangula Venkateswar Reddy S/o.Raghava Reddy R/o.Lingamgunta Graharam Narsarao Pet(M) Guntur Dist 3 Bhavanam Aruna Kumari W/o Raghva Reddy R/o.Lingamgunta Graharam Narsarao Pet(M) Guntur Dist 4 Talla Padmavathi W/o.Venkatakoti Reddy R/o.Lingamgunta Graharam Narsarao Pet(M) Guntur Dist 5 Shaik Khaja Walli S/o.Budde Saheb R/o.Lingamgunta Graharam Narsarao Pet(M) Guntur Dist 6 Tall Prasanna Reddy S/o.Pedda Anjireddy R/o.Lingamgunta Graharam Narsarao Pet(M) Guntur Dist ..... PETITIONERS AND 1 The State of A.P., rep. by its Principal Secretary, Endowments Department, Secretariat, Hyderabad. 2 The Commissioner of Endowments Department Tilak Road, Boggulakunta, Hyderabad. 3 Sri Pushapagiri Mutt, rep.by its Manager Kadapa. .....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 a writ order or direction particularly one in the nature of writ of Mandamus directing the respondents to consider the representation of the petitioners dt.10-8-2007 submitted to the 2nd respondent by considering the proceedings of the Assistant commissioner Endowments Department Guntur Dist in Rc No.B1/1289/2007 dt1-2-2008 and issue necessary order or proceedings confirming right to purchase the lands by the petitioner from the 3rd respondent under section 82(2) of the Act 30 of 1987 and to pass such other order or orders as this Hon,ble Court deem fit and proper in the circumstances of the case and in the interest of justice by declaring inaction on the part of the respondent in considering case of the petitioners for purchasing the lands of the 3rd respondent mutt as being small farmers. Counsel for the Petitioners: MR.M.RADHAKRISHNA Counsel for the Respondent No.1: GP FOR ENDOWMENTS Counsel for the Respondent No.2 : Sri V.T.M.Prasad Counsel for the Respondent No.3 : Sri P.V.R.sharma The Court made the following : THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION Nos.7205 and 7217 of 2008 COMMON ORDER: As the point involved in these two writ petitions is same, these writ petitions are disposed of by this common order. The grievance of the petitioners is that they are landless poor persons and are in possession of the lands belonging to 3rd respondent- Sri Pushpagiri Math, situated at Lingamguntla Agraharam village of Narasaraopet Mandal in Guntur District, since times immemorial, and the Assistant Commissioner of Endowments, Guntur, after due enquiry, passed orders on 01.02.2008, holding that the petitioners are the cultivating tenants of the lands in question and that they are landless poor persons. According to them, Section 82(2) of the Andhra Pradesh Hindu and Religious Institutions and Endowments Act, 1987 (for short “the Act”) provides for sale of the lands to the landless poor persons, who are in possession of endowment lands as cultivating tenants. In that view of the matter, they gave representations dated 10.08.2007 requesting the 2nd respondent to consider their case and sell the lands in question to them, in terms of Section 82(2) of the Act, but no orders have yet been passed. Hence, they filed these writ petitions seeks appropriate directions, in this regard. Heard the learned counsel for the petitioners, learned Assistant Government Pleader for Endowments appearing for the 1st respondent and the learned counsel appearing for respondents 2 and 3. The learned Assistant Government Pleader for Endowments admitted that in view of the proceedings dated 01.02.2008, issued by the Assistant Commissioner of Endowments, Guntur, petitioners should be treated as landless poor persons. When once the petitioners are determined as landless poor persons and when the 3rd respondent math is a charitable institution, the respondent-authorities ought to have considered the representations of the petitioner dated 10.08.2007, and passed appropriate orders thereon, in terms of Section 82(2) of the Act. For the foregoing reasons, the writ petitions are disposed of directing the 2nd respondent to consider the representations of the petitioner dated 10.08.2007 and pass appropriate orders thereon, in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. There shall be no order as to costs. _____________________________ (GOPALA KRISHNA TAMADA, J) 22nd April 2008. Sh To 1 The Principal Secretary, Endowment Department, State of Andhra Pradesh, Secretariat, Hyderabad. 2 The Commissioner of Endowments Department, Tilak Road, Boggulakunta, Hyderabad. 3 The Manager, Sri Pushpagiri Mutt, Kadapa.