Writ petition challenging cancellation of petitioners' tenancy rights over temple lands by Endowments officials was dismissed for non-prosecution, as neither petitioner nor counsel appeared on two consecutive dates.
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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT
(Special Original Jurisdiction)
TUESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 28694 OF 2010 ,
Between:
...PETITIONER(S)_
AND
i
’ 2. ^The Assistant Commissioner, Endowments DepartmentGuntur.
^ The Executive Officer, Sri Vennamuddala Venu GopalaSwamyVari A / Temple, Chengishkhanpet Village, Yadlapadu Mandal,GunturDistrict.
...RESPONDENTS '
Petition under Article 226MDf the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction moreparticularly one in the nature of Writ of Mandamus by declaringtheactsanddeedsof the Respondents No. 1 to 3 and the cancellation orders passed by them by canceling the Tenancy rights of the petitioners in respect of their respective holdings of land extent Ac. 2-33 cents in survey No.261/3,Ac.2-55cents in Survey No. 261/2, Ac. 3-00 cents in Survey No.346andAc.2-55centsin Survey No. 261/2 situated at Chengiskhanpet Village, Yadlapadu Mandal, Guntur District under their Proc. No. BI/460/2010,dated06-11-2010and R.C. No. N2/39290/2010, dated 03-11-2010 of the RespondentsNo. 1 and 2 and the orders issued by the Respondent No. 3 underNoticedated06- 11-2010, are wholly arbitrary, contrary to law, illegaland unconstitutional and also against Article - 14 of Constitution of Indiaaswellasviolationof principles of equity and natural justice.
I.A. NO: 1 OF 2011(WPMP. NO: 8060 OF 2011)
Petition under Section 151" CPC praying that in thecircumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to pass an order to set aside the dismissalorderdated3.3.2011 in WVMP No. 6066/10 in WPMP No. 36610 of 2010 in WPNo.28694of 2010 and restore the said petition in its original position in the interest of justice, x
I.A. NO: 2 OF 2010(WPMP. NO: 36610 OF 2010)
Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the writpetition,theHighCourt may be pleased to pass an interim order by suspending impugnedordersofthe Respondents No. 1 & 2 by canceling Small Formers Tenancy Rights under theirs Proc. No. BI/460/2010, dated 06-11-2010 and R.C. No. N2/39290/2010, dated 03-11-2010 respectively followed by the con sequential order issued by the Respondent No. 3 hereinvidehisOrder dated 06-11-2010, pending disposal of the main WritPetition.
I.A. NO: 1 OF 2010(WVMP. NO: 6066 OF 2010)
Between:
The Executive Officer, Sri Vennamuddala Gopala KrishnaSwamyVari Temple, Chengishkhanpet Village, Edlapadu Mandal, GunturDistrict.
...PETITIONER/3'''' RESPONDENT
AND
...respondents/petitioners
...respondents/petitioners
151 CPC praying that in the circumstances Petition under Section of the writ petition, the High Court may stated in the affidavit fried in support vacate the interim orders passed in WPMPNo.36610 of 201 be pleased to in WPNo.28694 of 2010. dated 19.11.2010.
; SRI. N SRINIVAS RAO Counsel for the Petitioner{s)
: SRI V T M PRASAD SC FOR Counsel for the Respondents
ENDOWNMENTS
. K MADHAVA REDDY (SC FOR Counsel for the Respondents; SRI
ENDOWNMENTS AR)
Counsel for the Respondents; GP FOR ENDOWMENTS
The Court made the following; ORDER
1
APHC010059012010
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
[3310]
(Special Original Jurisdiction)
TUESDAY ,THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 28694/2010
Between:
Dulipalla Nageswara Rao, Guntur Dist., & 3 Otrs. and Others
...PETITIONER(S)
AND The Commissioner Of Endowments Hyderabad 2 Otrs ...RESPONDENT(S) and Others
Counsel for the Petitioner(S):
1.N SRINIVAS RAO
Counsel for the Respondent(S):
1.V T M PRASAD SC FOR ENDOWNMENTS 2.K MADHAVA REDDY (SC FOR ENDOWMENTS AR) 3.VT M PRASAD
4.GP FOR ENDOWMENTS
The Court made the following order:
The Writ Petition is filed under Article 226 of theConstitutionofIndia,
seeking the following relief;
“ to issue a Writ, order or direction more particularlyonein the nature of Writ of Mandamus by declaring the actsanddeedsof the Respondents Nos. 1 to 3 and the cancellation orderspassedby
2
them by cancelling the Tenancy rights of the petitioners in respect of their respective holdings of land to an extent Ac. 2.33 cents in survey No. 261/3, Ac. 2.55 cents in Survey No.261/2, Ac. 3.00 cents in Survey No. 346 and Ac. 2.55 cents in Survey No. 261/2 situated at Chengiskhanpet Village, Yadlapadu Mandal, Guntur District under their Proc. No. B1/460/2010, dated 06.11.2010 and R.C.No N2/39290/2010, dated 03.11.2010 of the Respondents Nos.1 and 2 and the orders issued by the Respondent No. 3 under Notice dated 06.11.2010 are wholly arbitrary, contrary to law, illegal and unconstitutional and also against Article 14 of Constitution of India as well as violation of principles of equity and natural justice."
- On 11.07.2024, there was no representation on behalf of the petitioners. Hence, this Court directed the matter to be listed on 16.07.2024 as a last chance. Today, also there is no representation for the petitioners. It seems that the learned counsel for the petitioners has no interest in prosecuting this Writ Petition.
- Accordingly, this Writ Petition is dismissed as non prosecution There shall be no order as to costs.
As a sequel, miscellaneous applications pending, if any, shall stand closed.
I
To,
//TRUE COPY//
SD/- M RAMESH BABU DEPUTY REGISTRAR
SECTION OFFICER
[OPUC]
AR Advocate [OPUC]
AVR
TF
HIGH COURT
/
DATED:16/07/2024
y
ORDER
WP.No.28694 of 2010
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DISMISSED THE WP FOR NON-PROSECUTION WITHOUT COSTS
2 provisions across 2 enactments
Dulipalla Nageswara Rao
Eenadula Anjaneyulu
Basala Rama Rao
Eenadula Shivaiah
The Commissioner of Endowments, Andhra Pradesh
The Assistant Commissioner, Endowments Department, Guntur
K Manmadha Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
