The Panguluri Seetammagari Arya Vysya Dharma Satram, which was the owner of certain extents of land in Sy.Nos.296 and 302 of Tirupati village, had initiated eviction proceedings against the persons, who were in possession of the said land. This litigation resulted in O.A.No.23 of 2003 being filed before the Deputy Commissioner of Endowments Kurnool, which came to be allowed on 09.07.2003 ordering eviction of the persons in possession of the said lands. = Directions are given, only by way of clarification, to ensure compliance of the earlier directions of this Court: 1) All those persons, who are said to be in possession of the house/house site in the aforesaid Ac.42.52 cents of land in Sy.Nos.296 and 302 of Tirupati, are permitted to make applications to the Assistant Commissioner of Endowments within a period of three weeks from today, along with all relevant documents and papers.2) At the end of the aforesaid three weeks time, the Assistant Commissioner Endowments shall forward all these applications to the committee, which has already been formed. This exercise shall be completed within one week from the end of the three week period mentioned above. 3) Upon receipt of such applications, the committee shall undertake the exercise of verifying as to who are eligible candidates and the cases of those persons whose applications are being rejected. 4) Once the said two lists are prepared, the respondents shall act strictly in accordance with the directions given by this Court in W.P.No.15138 and 16400 of 2009. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed.

HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

W.P.Nos.13842 and 14457 of 2021

COMMON ORDER:

The petitioners in W.P.Nos.13842 of 2021 and 14457 of 2021 are

residing in Sy.Nos.296 and 302 of Seethammanagar, Muthyalreddipally,

Tirupati Urban Mandal Rural, Chittoor District. They have approached this

Court being aggrieved by the proceedings bearing Rc.No.B1/1557/2018,

dated 06.07.2021 of the Assistant Commissioner, Endowments

Department, Chittoor, the 3rd respondent herein. As the reliefs sought by

the petitioners in both these writ petitions are essentially the same, these

two writ petitions are being disposed of by this common order.

2. The Panguluri Seetammagari Arya Vysya Dharma Satram,

which was the owner of certain extents of land in Sy.Nos.296 and 302 of

Tirupati village, had initiated eviction proceedings against the persons,

who were in possession of the said land. This litigation resulted in

O.A.No.23 of 2003 being filed before the Deputy Commissioner of

Endowments Kurnool, which came to be allowed on 09.07.2003 ordering

eviction of the persons in possession of the said lands.

3. Aggrieved by the same, the persons in possession of the

land had been approached this Court by way of W.P.No.15138 and 16400

of 2009. This writ petition came to be disposed of on 20.10.2017. The

operative portion of the said order reads as follows:

1) The prayer to issue Mandamus is rejected, as this Court

cannot exercise jurisdiction or discretion under Article 226

of the Constitution of India.

2) The possession of 3rd parties or petitioners is admitted

by all. The District Collector has undertaken vide counter

affidavit dated 20.04.2011 to provide house-sites to 

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eligible persons who are in possession of Trust property. It

is matter of common knowledge that the State

Government is implementing several welfare schemes

under which houses and house sites are provided to weak,

needy and eligible applicants. Therefore, the persons who

are in possession or desirous of taking

allotment from Government and vacate from Trust

property, are allowed to represent to Assistant

Commissioner, Endowments, the District Collector and the

Revenue Divisional Officer, Tirupati, by enclosing a copy of

this order. Such petitioner(s)/applicant(s) furnish all the

details that are required for consideration of their

applications for house-site allotment by District Collector.

On receipt of applications from petitioners, the issue of

consideration for allotment of house sites is taken up by

the Assistant Commissioner, Endowments with the

Revenue Divisional Officer and the Tahsildar. As stated in

the counter affidavit, house-sites are allotted to eligible

applicants. The said exercise shall be completed within a

period of three months from the date of receipt of a copy

of this order. For a period of four months, all the parties

are directed to maintain status quo as on today. The

petitioners who are ineligible or not interested in

representing to authorities, it is made clear the

respondents can implement the orders passed under Act

30 of 1987 for eviction of encroachers.

3) The District Collector constitutes a committee consisting

of Deputy Commissioner/Assistant Commissioner,

Endowments, Revenue Divisional Officer/Tahsildar and

Deputy Superintendent of Police/SHO for expeditious

consideration and implementation of the directions issued

by this Court in the present writ petitions.

The Committee examines the request of each eligible

person(s) and passes orders as are fit and provides house

or house-sites to eligible applicants in the schemes

implemented by Government of Andhra Pradesh. In the

alternative, if request for assignment is refused, the

decision is intimated to applicant(s) and the Assistant

Commissioner is entitled to evict such person(s). 

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4) This Court, as already held, is not expressing a view on

the effect or nature of ossession claimed by the

petitioners. With a view to restricting the order only for the

petitioners/eligible persons, this Court directs the Assistant

Commissioner of Endowments to forthwith inspect Survey

Nos.296 and 302, take down details of occupants of

subject matter of writ petitions and prepare a list of all the

encroachers as on the date of inspection, which can be

relied on while examining the applications given for

allotment of house site pattas.

4. It appears that the writ appeal being W.A.No.528 of 2018

came to be filed against the order in W.P.Nos.15138 and 16400 of 2009

and the same was dismissed for want of prosecution, vide order dated

31.10.2019. Subsequently, a restoration petition has also been filed and

the same is pending. However, for the present, it must be held that the

order of the learned Single Judge in W.P.Nos.15138 and 16400 of 2009

dated 20.10.2017 holds the field.

5. In a parallel proceeding, the Assistant Commissioner of

Endowments by proceedings in Rc.No.B1/1557/2018 Adm., dated

06.07.2021 issued communication to the Superintendant of Police Tirupati

(Urban) and the Revenue Divisional Officer, Tirupati to depute necessary

assistance to enable the Assistant Commissioner Endowments to evict the

encroachers to an extent of Ac.42.52 cents of land situated in

Muthyalareddypalle, Tirupati Town, Chittoor District in Sy.Nos.296 and

302 belonging to the 8th respondent in W.P.No.13842 of 2021. This

communication is said to have been issued in pursuance of the directions

given by this Court in W.P.Nos.15138 and 16400 of 2009.

6. Heard Sri G. Tuhin Kumar, learned counsel for the

petitioners in W.P.No.13842 of 2021, Sri M. Ramalingeswara Reddy, 

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learned counsel for the petitioners in W.P.No.14457 of 2021 and learned

Government Pleader for Endowments Sri K.S. Gopala Krishna appearing

for the 8th respondent-trust.

7. The grievance of the petitioners is that they are sought to be

evicted without following the directions issued in W.P.No.15138 and

16400 of 2009 dated 20.10.2017.

8. The learned Government Pleader has submitted written

instructions received by her from the Assistant Commissioner of

Endowments, Chittoor.

9. A perusal of the operative portion of the directions given by

this Court in W.P.Nos.15138 and 16400 of 2009 dated 20.10.2017 would

clearly show that the persons in possession of the trust property are to

forward applications to the Assistant Commissioner Endowments, the

District Collector and the Revenue Divisional Officer, Tirupati, for

considering their applications for house site allotment by the District

Collector upon receipt of such applications from the petitioners in the said

writ petitions. The said applications are to be considered for allotment of

house sites and necessary house sites would be allotted to the eligible

applicants within a period of three months from the date of receipt of the

copy of the order of this Court in W.P.Nos.15138 and 16400 of 2009. For

this purpose the District Collector would constitute a committee which

would consider the requests of each eligible person and pass orders as are

fit for either providing house/house site to the eligible applicants in any of

the schemes implemented by the Government of Andhra Pradesh, and in

the event of such request being refused intimate the said decision to the

applicants. There was also a direction that upon such intimation of refusal,

the Assistant Commissioner would be entitled to evict such persons.

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10. In the present case, none of the above exercises seems to

have been carried out either by the petitioners, who have now

approached this Court or by the authorities who were directed to

constitute a committee and consider all these issues.

11. Instead of complying with the said directions, it appears that

the Assistant Commissioner, Endowments has initiated eviction

proceedings and sought the assistance of the Superintendent of Police

and the Revenue Divisional Officer, Tirupati. The instructions submitted by

the learned Government Pleader also do not show that the directions of

this Court have been complied with. In fact, in paragraph-8 of the said

instructions, it is stated that a committee was, in fact, set up. However,

the committee has not undertaken the main task of going through the

applications and considering the merits of the applications.

12. In these circumstances, these writ petitions are disposed of

with a direction to the respondents to act strictly in compliance with the

directions of this Court in W.P.No.15138 and 16400 of 2009 dated

20.10.2017.

13. The following directions are given, only by way of

clarification, to ensure compliance of the earlier directions of this Court:

1) All those persons, who are said to be in possession of the

house/house site in the aforesaid Ac.42.52 cents of land in

Sy.Nos.296 and 302 of Tirupati, are permitted to make applications

to the Assistant Commissioner of Endowments within a period of

three weeks from today, along with all relevant documents and

papers.

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2) At the end of the aforesaid three weeks time, the Assistant

Commissioner Endowments shall forward all these applications to

the committee, which has already been formed. This exercise shall

be completed within one week from the end of the three week

period mentioned above.

3) Upon receipt of such applications, the committee shall undertake

the exercise of verifying as to who are eligible candidates and the

cases of those persons whose applications are being rejected.

4) Once the said two lists are prepared, the respondents shall act

strictly in accordance with the directions given by this Court in

W.P.No.15138 and 16400 of 2009.

There shall be no order as to costs. As a sequel, pending

miscellaneous petitions, if any, shall stand closed.

 _________________________

R. RAGHUNANDAN RAO, J.

27th July, 2021

Js.

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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

W.P.Nos.13842 and 14457 of 2021

27th July, 2021

Js.