IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY NINTH DAY OF JULY TWO THOUSAND AND FOUR :PRESENT:
THE HON'BLE MS. JUSTICE G.ROHINI WRIT PETITION NO : 12793 of 2004 Between:
Sunkara Saraswathi Devi AND . Petitioner
1. The Asst. Commissioner & Executive Officer, Andhra Jatiya Vidya Parishad, Rajupeta, Machilipatnam, Krishna Dist.
2. The Asst. Commissioner of Endowments, Vijayawada Krishna District.
. Respondents Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a direction or an order, or a writ more particularly one in the nature of writ of Mandamus, declaring the action of the respondents in seeking to conduct auction of the lease hold rights of the property of the petitioner of wet land in an extent of Ac.1.81 cents in survey No.325(New Survey No.192) Ac.0.45 cents in survey No.316/1 (New survey No.420/1) and Ac.0.65 cents in survey No.319/1, (New Survey 421/1) of Chataparru village, Eluru Mandal, West Godavari District without any right or authority and without issuing any notice or opportunity of hearing is arbitrary illegal and violative of principles of natural justice besides being violative of Art.14, 21 and 300-A of Constitution of India.
The petition coming on for hearing, upon perusing the petition and the affidavit filed therein and High Court Order dated. 22-07-2004 made herein and upon hearing the arguments of Mr.P. Prabhakar Rao, Advocate for the Petitioner and of Smt. N. Indrani takes notice for the 1st respondent and of the Govt.Pleader for Endowments on behalf of Respondent No.2.
THE COURT MADE THE FOLLOWING ORDER :
“ The learned Counsel for the First respondent seeks further time for filing Counter.
Post after one week.
The interim order granted earlier shall continue until further orders.”
ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To
1. The Asst. Commissioner & Executive Officer, Andhra Jatiya Vidya Parishad, Rajupeta, Machilipatnam, Krishna Dist.
2. The Asst. Commissioner of Endowments, Vijayawada Krishna District.
3. Two CCs to the Govt.Pleader for Endowments, High Court of A.P. Hyderabad. (OUT)
4. One spare copy.
DRAFTED BY : JSW DRAFTED ON 30-7-2004 HIGH COURT RGJ NOTE : POST AFTER ONE WEEK DT: 29-07-2004 ORDER : WP NO.12793/04 DIRECTION HIGH COURT RGJ NOTE : POST AFTER ONE WEEK DT: 29-07-2004 ORDER :
WP NO.12793/04 DIRECTION