Koppula Nagi Reddy, v. The State Of Andhra Pradesh,

HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.13251 OF 2015 O R D E R :

This petition is filed for a writ of Mandamus declaring the action of the respondents in trying to dispossess the petitioners from the agricultural lands situated in Sy.Nos.391 and 392 to the extents of Ac.2.83 cents and Ac.14.20 cents, respectively, Pasaluru Village, Peddapappur Mandal, Anantapur District, without initiating proceedings under Section 83 of the Endowments Act, as arbitrary, illegal and improper and consequently to direct the respondents not to dispossess the petitioners from the subject lands.

The case of the petitioners is that they are lessees of the 4th respondent-Sri Chennakesava Swamy Temple and Sri Anjaneya Swamy Temple, A.Pappur, and after lease is expired, the 4th respondent issued the impugned notice dated 16.07.2012 asking them to handover the subject lands and if they fail to vacate, the respondents would file eviction petition against them. Heard the learned counsel for the petitioners, the learned Government Pleader for Endowments and Sri A.Srikanth Reddy, learned Standing Counsel, appearing for respondents 2 to 4.

Learned counsel for the petitioners submits that the respondents are trying to dispossess the petitioners without following due process and no eviction petition is filed before the Endowments Tribunal.

Learned Standing Counsel for respondents 2 to 4, on instructions, submits that as on today, the respondents have not interfered with the possession of the petitioners and they will follow due procedure to evict the petitioners. He further submits that the respondents are going to hold auction on 02.05.2015 for granting lease in respect of the subject lands.

Placing on record the said submissions made by the learned Standing Counsel, this Writ Petition is disposed of directing that the respondents 2 to 4 shall not evict the petitioners without following due procedure, as envisaged under law. No order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed.

____________________ A.RAJASHEKER REDDY, J 30.04.2015 Note:

Issue C.C. tomorrow.

B/o.

pab