Vendoti Radhika v. The State Of A.P.,

THE HON'BLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.39181 OF 2016 ORDER:

The writ petition is filed by the petitioners seeking a writ of mandamus declaring the action of the respondents in threatening to dispossess the petitioners from their respective shop Nos.21, 12 and 14 of first floor and Shop Nos.3 and 9 of ground floor of Ranga Sai Complex, A.C.Centre, Nellore, SPSR Nellore District, as illegal, arbitrary and in contravention of the 1987 Act and violative of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Immovable Properties and Other Right (other than Agricultural) Leases and Licenses Rules, 2003 and consequently to direct the respondents to desist from taking any action against the petitioners in respect of the aforesaid property without following due process of law.

Heard and perused the material.

The grievance of the petitioners is that the third respondent after conclusively deciding that the occupation of the petitioners of the respective schedule mentioned properties is illegal and not under authority, straight away directed eviction without affording opportunity and the same is contrary to the order passed by this Court in W.P.No.15579 of 1989. Considering the facts and circumstances of the case, the petitioners are given liberty to submit explanation within one week from the date of receipt of copy of this order to the respondents 2 and 3 and that the respondents 2 and 3 are directed to consider the explanation submitted by the petitioners and to pass orders in accordance with law, within three weeks thereafter. The parties are directed to maintain status quo obtaining as on today. The writ petition is accordingly disposed of. Consequently, miscellaneous petitions, if any, shall also stand closed.

_____________________ JUSTICE RAJA ELANGO 14.11.2016 pln