APHC010490772009 IN THE HIGH COURT OF ANDHRA PRADESH [3329]

AT AMARAVATI (Special Original Jurisdiction)

WEDNESDAY,THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5609/2009 Between:

1. V ISAKHAPATNAM CITY SC, BC & EBC WELFARE ASSOCIATION,, R.NO.396/81, REPRESENTED BY ITS PRESIDENT U.UMAMAHESHWAR RAO S/O. RAMAMURTHY R/O.D.NO. 16-261, SRI VARAHAGIRI COLONY, SALIGRAMAPURAM, VISAKHAPATNAM.

...PETITIONER AND

1. S RI VARAHAGIRI LAKSHMI NARASIMHA SWAMY DEVASTHANAM, SIMHACHALAM, VISAKHAPATNAM, REPRESENTED BY ITS EXECUTIVE OFFICER.

2. T HE GOVERNMENT OF ANDHRA PRADESH REPRESENTED BY ITS, PRINCIPAL SECRETARY, ENDOWMENTS DEPARTMENT, SECRETARIAT, HYDERABAD.

...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 1st respondent in issuing the impugned Memo Rc.No.C1/6290/86-2, dated 4.2.2009 as highly arbitrary, illegal and contrary to the observation made by the this Hon'ble Court and consequently set-aside the same and further direct the 1st respondent to allot the land in Sy.No. 275 in Adavivaram Village, Visakhapatnam district to an extent of more than 3 Acres of land at the prices agreed to by the Simhachalam Devasthanam and pass.

Counsel for the Petitioner:

1. M KESAVA RAO Counsel for the Respondent(S):

1. CHINTAPALLI SRINIVAS 2. M ADINARAYANA RAJU 3. GP FOR ENDOWMENTS HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.5609 of 2009 This Court made the following

ORDER:

The case of the petitioner is that pursuant to the application submitted by the petitioner, the 1^st respondent temple tentatively agreed for regularization of the land, on payment basis, to an extent of Ac.3.00 cents in Sy.No.275 at Adavivaram Village, Visakhapatnam District as sought for subject to approval of the 2^nd respondent, for which the petitioner association deposited some portion of the amount towards part compliance in the year 1982. Aggrieved by the inaction of the 1^st respondent in regularizing the subject land, the petitioner society filed W.P.No.1960/2001, wherein this Hon’ble Court passed orders on

17.09.2008 as under:

“It is brought to the notice of this Court that G.O.Ms.No.578, dated 19.08.2000 relied upon by the petitioner is no longer in force. The said G.O. appears to have been replaced by G.O.Ms.No.253, dated 08.03.2005, which was also cancelled thereafter.

In view of this fact, the issue sought to be raised by the petitioner in the present Writ Petition does not survive as there is no policy of regularization of encroachments in respect of the lands belonging to the Second Respondent at present.

The Writ Petition is therefore dismissed reserving liberty to the Petitioner to make an application for regularization in the event of a policy being floated in this regard in future. There shall be no order as to costs.”

2. Learned counsel or the petitioner submits that Hon’ble Court granted liberty to the petitioner society to make further application for regularization in the event of change of policy by the 2^nd Respondent herein. Considering the change in policy by virtue of G.O.Ms.No.578, dated 19.08.2000 the petitioner submitted application for regularization of the subject house sites of the members of the petitioner society before the 1^st Respondent herein. But the same was not duly considered by the respondents. Having no other option the petitioner again preferred the present Writ Petition i.e., W.P.No.5609 of 2009.

3. Learned counsel for the petitioner submits that in view of G.O.Ms.No.578, dated 19.08.2000 the members of the petitioner society are entitled for regularization and the members of petitioner society cannot be evicted without following due process of law.

4. On the other hand, learned Government Pleader for Endowments submits