Telangana High Court
WP/18650/2010 of P.Srinivasa Rao Vs The Deputy Commissioner of Endowments on 28 December 2012
SRI JUSTICE G. CHANDRAIAH WRIT PETITION No. 18650 OF 2010 ORDER: This writ petition is filed by the petitioner – P. Srinivasa Rao, seeking issuance of Writ of Mandamus to declare that the respondent No.1 - the Deputy Commissioner of Endowments, Kakinada, East Godavari District has no
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ORDER:
THE HONOURABLE SRI JUSTICE G. CHANDRAIAHWRIT PETITION No. 18650 OF 2010
This writ petition is filed by the petitioner – P. Srinivasa Rao,seeking issuance of Writ of Mandamus to declare that the respondentNo.1 - the Deputy Commissioner of Endowments, Kakinada, EastGodavari District has no jurisdiction to decide the matter under Section83 of the Endowments Act in view of Section 33 of the Amended Act2007 and also in view of G.O.Ms.No.837, dated 13-08-2007, andconsequently set aside the orders passed by him in O.A. No.81 of2006, dated 02-02-2010.
2. Along with the above said writ petition, the petitioner also filed anapplication vide W.P.M.P. No. 23597 of 2010 seeking interim order ofstaying all further proceedings in pursuance of the orders passed inO.A. No. 81 of 2006, dated 02-02-2010, by the respondent No.1. ThisCourt, while ordering Rule nisi on 03-08-2010, granted interim order of status quo obtaining as on thatday with regard to possession of the land in question until furtherorders.
3. By order dated 02-02-2010 in O.A. No. 81 of 2006, the DeputyCommissioner of Endowments, Kakinada, East Godavari District,directed the petitioner to remove the encroachment made by him overthe land in question and handover vacant possession of the same tothe respondent No.2 – Sri Challam Raju Venkata Seshaiah,Vijayawada.
4. While the matter stood thus, when the matter came up for hearingbefore me, learned counsel for the petitioner submitted that during the pendency of the writ petition, the Endowment Department extendedthe lease period in respect of the property in question till 30-09-2013,in favour of the petitioner vide proceedings D.Dis.No. A4/36900/2011,dated 05-11-2011 and, therefore, no further orders are necessary inthis writ petition.
5. In view of the above submission made by the learned counsel forthe petitioner, this Court is of the view that no further orders arerequired to be passed in this matter.
Therefore, the Writ Petition is closed. The MiscellaneousPetitions, if any, pending in this writ petition are also closed. No orderas to costs.
_________________
G. CHANDRAIAH, J.
December 28, 2012 MGR
THE HONOURABLE SRI JUSTICE G. CHANDRAIAH
MGR
WRIT PETITION No. 18650 OF 2010December 28, 2012