Mahant Kamleshdasji Maharaj v. The Commissioner, Endowment Department,

THE HON'BLE SRI JUSTICE RAJA ELANGO Writ Petition No.19298 of 2007 ORDER :

This Writ Petition is filed seeking to issue a writ of Mandamus to declare the inaction of the respondent Nos.1 to 5 in removing the encroachments and taking the possession of the land in Sy.No.697 total admeasuring Acs.8.09 guntas situated at Shamshabad Village and Mandal, Ranga Reddy District, in view of the orders of resumption passed under Section 77 of the A.P. Charitable & Hindu Religious Institutions & Endowment Act, 1987 for resumption of the Inam land in case No.L/1980/2007 passed by the Revenue Divisional Officer, West, Ranga Reddy District, as illegal and arbitrary.

2. The respondent Nos.1 to 3 filed the counter-affidavit. In para No.5 of the counter-affidavit it is stated as follows : "It is submitted that a fit person appointed by the Endowments Department has taken necessary steps to evict encroachments and filed (33) O.A. cases before the Hon'ble Andhra Pradesh Endowments Tribunal, Hyderabad under Section 83 of the Act 30/1987 and the Hon'ble Andhra Pradesh Endowments Tribunal, Hyderabad has passed I.A. orders in (12) O.A. cases with a direction to collect Use and Occupation charges from the encroachers as detailed below :

Sl.

No.

Name of the Extent O.A.No. & Use and occupation Encroacher I.A. No.

charges 1.

P.Babu Yadav 02.75 351/2012 & Rs.10,000.00 cents 659/2012 2.

R.Geetha 02.75 352/2012 & Rs.10,000.00 cents 660/2012 3.

K.Vajram Sq.Yds.

353/2012 & Rs. 3,500.00 661/2012 4.

B.Uma Maheshwar S.Yds.

354/2012 & Rs. 7,000.00 662/2012 5.

T.Suchetan 02.75 355/2012 & Rs.10,000.00 cents 663/2012 6.

G.P.Bhavani 05.00 Cents 356/2012 & Rs.20,000.00 664/2012 7.

T.Santosh 02.75 357/2012 & Rs.10,000.00 cents 665/2012 8.

N.Samatha 03.45 358/2012 & Rs.10,000.00 cents 666/2012 9.

R.Pentaiaha 02.75 359/2012 & Rs.10,000.00 cents 667/2012 10.

Chandra Kala Reddy 03.45 360/2012 & Rs.10,000.00 cents 668/2012 11.

M.Venkatesh K.Krupal M.V.S.Prakash 20.00 361/2012 & Rs.35,000.00 cents 669/2012 12.

K.Rukma Reddy 03.45 362/2012 & Rs.10,000.00 cents 670/2012 "

3. On a perusal of the counter it is evident that the official respondents herein are proceeding with the action as per the orders already passed by the Commissioner.

4. The main grievance of the petitioner herein is that the authorities neither acted swiftly nor executed the orders promptly within the time limit.

5. Considering the facts and circumstances of the case, the Writ Petition is disposed of directing the Respondents

Nos.1 to 5 herein to proceed further and take action on the basis of the order already passed by the Commissioner, as expeditiously as possible, more preferably within a period of six months from the date of receipt of a copy of the order. There shall be no order as to costs.

As a sequel, miscellaneous petitions pending, if any, in this Writ Petition are closed.

______________________ JUSTICE RAJA ELANGO 19th February, 2015 skmr