THE HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PEITITON No.18020 of 2010 DATED:23.12.2010 BETWEEN: SRI BOYA KADIMETLA NARASANNA. …PETITIONER. AND: THE COMMISSIONER OF ENDOWMENTS, BOGGULAKUNTA, HYD & OTHERS …RESPONDENTS. THE HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PEITITON No.18020 OF 2010 ORDER: - This writ petition is filed by the petitioner seeking for a writ of mandamus to declare the action of respondents in not removing the encroachments on the land of Ac.6.30 cents in S.No:690 of Santha Nagalapuram village, Kadivella Panchayat, Yemmiganur Mandal belonging to Pothuraju Devasthnam as illegal and arbitrary and consequently, to direct the respondents to take action for removal of encroachments in the above said land and auction the lease hold rights in respect of the said lands. The case of the petitioner is that he is a Poojari of Pothuraju temple situated at Kadivella village of Yemmiganur Mandal, Kurnool District and the land covered by S.No:690 admeasuring Ac.6.31 cents situated at covered by S.No:690 of Santha Nagalapuram village, Kadivella Panchayat, Yemmiganur Mandal was endowed to Pothuraju Temple for the performance of services to the temple. The 3rd respondent-Executive Officer of group of temples of Yemmiganur is the manager of Pothuraju temple. In Re survey and re-settlement of Kadivella village, the land covered by S.No:690 admeasuring Ac.6.31 cents shown as Inam land belongs to the Potharju Devasthanam. One Muddula Eranna, Hanumanthu and Nagappa occupied the land belonging to the temple and they are enjoying the same without paying any amount to the temple. In spite of requests and the registered legal notice dated 4.6.2010, the respondents have not taken any action. Counter was filed by the 3rd respondent-Executive Officer. It is stated in the counter that Sri Pothuraju Devasthanam situated at Santha Nagalapuram village, Kadivella Panchayat, Yemmiganur Mandal, does not belong to the Endowments Department and apart from that, the said temple has also not been notified under section 6 of Act 30 of 1987 and therefore, the authorities are nothing to do with the land mentioned in the writ petition. Heard the learned counsel and the learned G.P for Endowments and perused the material available on record. The petitioner who filed the writ petition is the Poojari of the temple in question. The counter filed by the 3rd respondent- Executive Officer makes it clear that the temple in question does not belong to the Endowments Department and apart from that, it has not been notified under section 6 of the Act 30 of 1987. Irrespective of the fact whether the lands in question belongs to the temple in question and whether the said lands have been encroached by some third parties, the fact remains that the temple in question does not belong to the Endowments Department and even it has not been notified under the provisions of the Act. If that being the case, no mandamus can be issued to the authorities as sought by the petitioner. In these circumstances, I feel that this writ petition is misconceived and consequently, the same is liable to be dismissed. Accordingly, this writ petition is dismissed. No costs. ___________________ Justice G.Chandraiah Date:23.12.2010 Gurc. THE HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PEITITON No.18020 of 2010 DATED:23.12.2010