Smt. P.Chitti Bai, v. Sri Bramaramba Mallikarjuna Swamy Vari Devastanam,

THE HONOURABLE SRI JUSTICE A. RAJASHEKER REDDY W.P.No.9000 of 2015

ORDER

Heard learned counsel for the petitioner, Sri A. Srikanth Reddy, learned Standing Counsel for respondent No.1-Temple and learned Government Pleader for Endowments for respondents 2 and 3, and at their request, the writ petition itself is taken up for disposal.

2. The case of the petitioner is that she is a lessee of first respondent temple and though her licence is valid and subsisting till 31.12.2015, the first respondent has passed the impugned order dated 26.03.2015, directing her to vacate the premises within seven days on the ground of violation of terms and conditions of the licence. Aggrieved by the same, the present writ petition is filed.

3. Learned counsel for the petitioner submits that the 1st respondent has no authority to decide whether the conditions of licence have been violated or not and that the respondents have to follow due process as envisaged under Section 83 of Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short 'the Act') and not otherwise.

4. Sri A. Srikanth Reddy, Learned Standing Counsel, submits that the first respondent will follow due process as per Section 83 of the Act for eviction of the petitioner from the premises in question.

5. In view of the stand taken by the learned Standing Counsel for the first respondent, the Writ Petition is disposed of, directing the respondents not to evict the petitioner without following due process as per Section 83 of the Act,

and the impugned order to the extent of directing the petitioner to vacate the premises is set aside.

6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

________________________ A. RAJASHEKER REDDY, J.

8th April, 2015 sj