Telangana High Court
WP/28194/2008 of G. Srinivasa Rao Vs The Commissioner of Endowments on 26 December 2008
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SIXTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 28194 of 2008 Between: G. Srinivasa Rao S/o. Narasimha Rao R/o. V.L.
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
FRIDAY, THE TWENTY SIXTH DAY OF DECEMBERTWO THOUSAND AND EIGHT
PRESENTTHE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR
WRIT PETITION NO : 28194 of 2008
Between:
G. Srinivasa Rao S/o. Narasimha Rao R/o. V.L. Puram, Rajahmundry, East Godavari District.
AND
..... PETITIONER
1 The Commissioner of Endowments Tilak Road, Abids, Tilak Road, Abids, Hyderabad.
2 The Deputy Commissioner of Endowments Kakinada East Godavari District.
3 The Assistant Commissioner of Endowments Rajahmundry East Godavari District. East Godavari District.
4 Sri Nalam Vari Choultry Rep. by its Executive Officer Rajahmundry, East Godavari District.
5 The Government of Andhra Pradesh Endowments Department Secretariat, Hyderabad. Secretariat, Hyderabad.
.....RESPONDENT(S)
Petition under Article 226 of the constitution of India praying that inthe circumstances stated in the Affidavit filed herein the High Court will bepleased to to issue appropriate writ or order or direction more particularlyone in the nature of writ of mandamus declaring the action of the 5threspondent in not disposing of the revision or the stay application filed bythe petitioner on 21-11-2008 against the order made by the 1strespondent in R.P.No.7/2008 as illegal, arbitrary and unjust andconsequently direct the respondents not to evict the petitioner from thepremises bearing D.No.7-23-13 situated at Baruvari Street, Rajahmundry,East Godavari District, pending disposal of the revision filed before the5th respondent in the interest of justice.
Counsel for the Petitioner:MR.K.VENKATESH
Counsel for the Respondent No.: GP FOR ENDOWMENTS
The Court made the following :
THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKARWRIT PETITION NO : 28194 of 2008
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ORDER:
The grievance of the petitioner is that no orders arebeing passed in his revision petition filed along with anapplication for stay before the 5[th] respondent.
The case of the petitioner is that he is a tenant inrespect of the premises bearing D.No.7-23-13, BaruvariStreet, Rajahmundry, East Godavari District belonging to the4[th] respondent-Choultry. After expiry of the lease period ofthree years by 30.06.2005, the petitioner is continuing as atenant, by paying rent at the rate of Rs.1400/- per month. Itis alleged that the 4[th] respondent filed O.A.No.79 of 2006, inwhich eviction orders were passed by the 2[nd] respondent. As against the same, the petitioner preferred a revisionbefore the 1[st] respondent and it was dismissed on22.10.1998. As against the same, the petitioner haspreferred a further revision under Section 93 of the A.P.Charitable and Hindu Religious Institutions and EndowmentsAct 30 of 1987 before the 5[th] respondent-Government on21.11.2008 along with an application for stay. Apprehendingdispossession in the meantime, the petitioner hasapproached this Court.
Since the revision petition along with an application forstay is pending before the 5[th] respondent-Government, Ideem it appropriate to direct that the said revision petitionand/or stay petition be disposed of expeditiously by the 5[th]respondent preferably within a period of three (3) monthsfrom today. Pending orders of the 5[th] respondent as above,there shall be stay of eviction of the petitioner, on conditionthat he deposits arrears of rent, if any, and continues to paythe monthly rent of Rs.1400/- per month.
The writ petition is disposed of with the abovedirection. There shall be no order as to costs.
JSU
_________
26.12.2008
To1.2CCs to2.2CD copies
// TRUE COPY //
..... REGISTRARSECTION OFFICER
Form-NIC-OGS/WP{KBJ}
THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR
JSU
WRIT PETITION NO : 28194 of 2008
Date: 26.12.2008