WP/25266/2004 of Sri Gottumukkala Peda Narsimharaju, 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

HON'BLE SRI DEVINDER GUPTA, THE CHIEF JUSTICE

and

HON'BLE SRI JUSTICE M.NARAYANA REDDY

WRIT PETITION No.25266 of 2004

Between:

Sri Gottumukkala Peda Narsimharaju,

S/o Venkataramaraju,R/o Alamuru in Penumantra Mandal, W.G.District.

AND

..... PETITIONER

1 The State of A.P., rep., by its Secretary, Endowments Department, Govt. of A.P., Hyderabad.2 The Deputy Commissioner (Endowments), Kakinada, East Godavari District.3 The Asst. Commissioner (Endowments), Eluru, West Godavari District.4 The Person-in-charge, Sri Visweswaraswamy Temple, Oduru in Penumantra Mandal, W.G.District.

.....RESPONDENTS

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.5 of A.P. ActXXX of 1987 and the Rules framed in GO 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 Respondents : G.P. FOR ENDOWMENTS

The Court made the following :

W.P.No.25266 of 2004

HCJ & MNR,J

ORDER: (Per Hon’ble the Chief Justice)

Petitioner is not questioning any of the orders passed by any authority under theprovisions of Andhra Pradesh Tenancy Laws (Amendment) Act, 2003 and AndhraPradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987.Challenge is to the Rules framed under Section 82 of Andhra Pradesh Charitableand Hindu Religious Institutions and Endowments Act, 1987. Without questioningthe order, if any, passed against the petitioner by the competent authority, thepresent writ petition is not maintainable, and is accordingly dismissed.

________________________

DEVINDER GUPTA, C.J.

_________________________

M.NARAYANA REDDY, J

bsc

..... REGISTRAR

// TRUE COPY //

SECTION OFFICER

To

1 The Secretary, EndowmentsDepartment, State of A.P., Govt. of A.P., Hyderabad.2 The Deputy Commissioner (Endowments), Kakinada, East Godavari District.3 The Asst. Commissioner (Endowments), Eluru, West Godavari District.

4. 2CCs to Govt. Pleader for Endowments, High Court buildings, Hyderabad. (OUT)

5. 2CD copies

Form-NIC-OGS/WP{RS}