WP/23570/2004 of Smt.Katuka Vijayalashmi, Vs The State of A.P.rep.by its Secretary, on 31 December 2004

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

FRIDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE SRI DEVINDER GUPTA,THE CHIEF JUSTICE

and THE HON'BLE MR JUSTICE M.NARAYANA REDDY

WRIT PETITION NO : 23570 of 2004

Between:

Smt.Katuka Vijayalashmi, W/o.AnandaRao, R/o.Gunupudi Garuvupet, Bhimavaram, West Godavari District.

AND

..... PETITIONER

1 The State of A.P.rep.by its Secretary, Endowments Dept., Govt. of A.P.Hyderabad.

2 The Dy.Commissioner (Endowments), Kakinada, East Godavari District.

3 The Asst. Commissioner (Endowments) Eluru, West Godavari District.

4 The Executive officer, Sri.Someswaraswamy and Janardhana Swamy Temple, Gunupudi, Bhimavaram, West Godavari District.

.....RESPONDENT(S)

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleased toissue a writ of mandamus or any other appropriate writ order or direction be issueddeclaring sec.3 of A.P. Tenancy Laws (Amendment) Act 2003 and sec. 75 of A.P.ActXXX of 1987 and the rules framed in G.O.Ms.No.379 dated 11-03-2003 under sec.82 of the Act as unconstitutional and hold that the proposal to evict the petitionerfrom the lands held by the petitioner belonging to the 4th respondent as illegal in theinterest of justice and fair play.

Counsel for the Petitioner: MR.I.RAMAKRISHNA RAO

Counsel for the Respondent Nos.1 to 3: GP FOR ENDOWMENTS

The Court made the following Oral Order: (per Sri Devinder Gupta,CJ)

No order passed by the Authority is under challenge in this petition, except,challenging the provisions of the A.P. Charitable and Hindu Religious Institutions &Endowments Act, 1987 (A.P. Act No.30 of 1987). Petition as such is notmaintainable.

The writ petition is accordingly dismissed. No costs.

______________________DEVINDER GUPTA, CJ

Date: 31[st] December, 2004

_______________________

M. NARAYANA REDDY,J

Pnb

To

1 The Secretary, State of A.P., Endowments Dept., Govt. of A.P.

Hyderabad.

2 The Dy.Commissioner (Endowments), Kakinada, East Godavari District.

3 The Asst. Commissioner (Endowments) Eluru, West Godavari District.

4 The Executive officer, Sri Someswaraswamy and Janardhana Swamy Temple, Gunupudi, Bhimavaram, West Godavari District.

5 Two C.Cs. to the G.P. for Endowments, High Court Buildings, Hyderabad. (OUT)

6 Two C.D. copies