Chakka Ayyapa Raju v. The Commissioner,

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH PRESENT THE HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.7524 OF 2009 DATED: 25.04.2016 Between:

Chakka Ayyapa Raju ... Petitioner and The Commissioner, Endowments Department, Hyderabad and others ... Respondents

THE HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.7524 of 2009 PC: (per the Hon'ble The Acting Chief Justice Dilip B. Bhosale) Heard Mr. B.V.S.S.B.K. Ranjit, learned counsel for petitioner and Smt. K. Lalitha, learned counsel for respondent No.3.

None appears for other respondents though served. The petitioner in the instant Writ Petition seeks the following relief:

"For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon'ble Court may be pleased to issue an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents 1 to 3 in continuing the existing encroachers in shop Nos.2, 17, 18, 19, 20, 21, 3, 5, 6, 7, 10, 11, 13, 14, 15, 16, B21FF, Portico, Portico-1, Portico-2, vacant site, canteen and Shop No.4 even after expiry of the lease period without conducting public auction and without bounding assurance given by the 4th respondent to the Hon'ble High Court in W.P.No.15424 of 2008 is illegal, arbitrary and violative of Articles 14, 16, and 19 of Constitution of India and consequently direct the respondents to evict the encroachers from the shop Nos.2, 17, 18, 19, 20, 21, 3, 5, 6, 7, 10, 11, 13, 14, 15, 16, B21FF, Portico, Portico-1, Portico-2, vacant site, canteen and Shop No.4 and conduct the public auction by bounding the assurance given by the 4th respondent to the Hon'ble High Court in W.P.No.15424 of 2008 and take

appropriate steps against the respondents for negligence in discharging duties and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

Mr. B.V.S.S.B.K. Ranjit, learned counsel for petitioner submits that the petitioner would be satisfied if directions are issued to the respondents to initiate action against all the encroachers in the shops mentioned in the prayer clause or any other shops owned by respondent No.3.

In view of the submission made by learned counsel for the petitioner, we are satisfied that this Writ Petition can be conveniently disposed of by the following order: "It is open to the respondents to initiate action against encroachers, if any, if they so desire and advised, in the shops mentioned in the prayer clause or any other shops owned by respondent No.3 and if they initiate any such action, they shall take it to its logical conclusion." Writ Petition is disposed of.

Consequently, miscellaneous petitions, if any, also stand disposed of.

________________________ DILIP B. BHOSALE, ACJ 25th APRIL, 2016.

_________________ P. NAVEEN RAO, J kvni