WP/24234/2004 of Smt. Eali Satyavathi, Vs The Regional Joint Commissioner of Endowments on 27 December 2004

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

MONDAY, THE TWENTY SEVENTH DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE SRI JUSTICE L.NARASIMHA REDDYWRIT PETITION NO : 24234 of 2004

Between:

Smt. Eali Satyavathi, W/o. Late Veeraswamy Naidu, R/o. Door No. 26-1-40, Venkateswara Swamy Matt, Rajahmundry

AND

..... PETITIONER

1 The Regional Joint Commissioner of Endowments Department, Kakinada.

2 The Deputy Commissioner of Endowments Departments, Kakinada.

3 Sri Venkateswara Swamy Matt, rep by its Executive Officer, Rajahmundry, East Godavari 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 pleasedto issue Writ, Order or direction more particularly one in the nature of Writ ofMandamus declaring the action of the first respondent in seeking to evict thepetitioners from the house admeasuring 107 Sq.yards in T.S.No. 1289/1/A atDevi Chowk, Rajahmundry without passing any order on the petitioners stayapplication filed along with the revision preferred by the petitioner before thefirst respondent as being illegal, arbitrary and unconstitutional andconsequently direct the respondents not to interfere with the petitioners rightsand possession over the said house in any manner by execution of the ordersin O.A.No. 38 of 96 on the file of the 3rd respondent or otherwise and passsuch further order or orders.

Counsel for the Petitioner:MR.S.NIRANJAN REDDYCounsel for the Respondents 1 and 2: GP FOR ENDOWMENTSCounsel for the third respondent: Smt. N. Indrani, SC for temples.

The Court at the stage of admission made the following ORDER:

The proceedings under Section 83 of the Andhra Pradesh Charitable and HinduReligious Institutions and Endowments Act, 1987(for short ‘the Act’) have beeninitiated against the petitioner before the Deputy Commissioner of Endowments,Kakinada. Through an order dated 26.02.2002, the second respondent declaredthe petitioner as encroacher and directed her eviction. The petitioner availedthe remedy of revision under Section 92 of the Act, before the first respondent.She also filed an application for stay. Her grievance is that the first respondenthas not passed any orders in the stay petition so far, and in the meanwhile sheis sought to be evicted.

Heard learned counsel for the petitioner, learned Government Pleader forEndowments and learned standing counsel for the third respondent.

The limited grievance of the petitioner is as regards the steps initiated againsther during pendency of the revision by her. If the petitioner is evicted evenwhile the revision is pending, the revision itself would become infructuous. Theinterests of the petitioner as well as the third respondent institution have to beprotected, pending disposal of the revision by the first respondent.

Taking the totality of the circumstances into account, the writ petition isdisposed of directing that the petitioner shall not be evicted from the premises,on condition that she shall deposit the rent at the rate of Rs.500/- (Rupees Fivehundred only) per month for the premises in question commencing from the 1[st]of December 2004. There shall be no order as to costs.

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27.12.2004

ksld

To

1 The Regional Joint Commissioner of Endowments Department, Kakinada.

2 The Deputy Commissioner of Endowments Departments, Kakinada.

3 Two CCs., to the G.P. for Endowments, High Court of A.P., Hyderabad (OUT).

4 The Executive Officer, Sri Venkateswara Swamy Math, Rajahmundry, East Godavari district.

5 Two CD copies.