THE HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.15732 of 2011 ORDER : After hearing Sri S.Sridhar, learned counsel for the petitioner and learned Government Pleader for Endowments appearing for respondents 1 and 2, the Writ Petition is being disposed of. In this Writ Petition the writ petitioner has challenged the appointment of a Single Trustee to the subject temple and also the auction notice proposing to auction the leasehold rights of certain lands. Sri S.Sridhar, learned counsel for the petitioner, submits at the hearing that the petitioner is not pressing the relief insofar as the appointment of trustee. In view of the said submission, this Writ Petition is considered only insofar as the legality of the auction notice. The case of the petitioner is that one, Kanduri Rangacharyulu @ Venkata Ranga Ramachandra Charyulu, who is his paternal great grand father, constructed a temple at Akkireddygudem Agraharam, Nuzivid Taluq, Krishna District and installed the idol of ‘Sri Santhana Venu Gopala Swamy’ and the deity has become the family deity. The temple is a private temple being managed only by the members of the family. It is stated that the petitioner’s grand father gifted an extent of Ac.19.50 cents of land to the petitioner by duly executing the registered gift deed dated 19-07-1934 for performing pujas and other ceremonies. The petitioner states that temple was constructed with the funds of the family without the involvement of the public and therefore the Endowments Department has no jurisdiction to interfere with its management. When a proposal was made under Sections 6 (c) (ii) of the Act, the petitioner challenged the same in O.A.No.74 of 2001 before the Deputy Commissioner, Endowments Department, Kakinada. The petitioner filed I.A.No.9 of 2001 and obtained an order dated 15-05-2001 to maintain status quo. It is stated that the matter has been transferred to the A.P. Endowments Tribunal, Hyderabad and the same is pending adjudication. It is therefore the case of the petitioner that unless the dispute is settled, the respondents are not entitled to auction the leasehold rights of the subject matter. This Court while admitting the writ petition on 10-06-2011, granted interim stay for a limited period in W.P.M.P.No.18844 of 2011 and subsequently extended from time to time. The 3rd Respondent has filed W.V.M.P.No.2229 of 2011 seeking to vacate the said order. Since both the counsel agreed for disposal of the matter at this stage, the matter is taken up for consideration. The 3rd Respondent filed counter on behalf of the temple. It is not disputed that O.A.No.74 of 2001 is pending adjudication and that there is an interim order in I.A.No.9 of 2001 dated 15-05-2001 to maintain status quo. A perusal of the O.A.No.74 of 2001 shows that the petitioner is seeking declaration that the subject temple is a private temple and that the provisions of the Endowments Act 30 of 1987 are not applicable to it. This being the main issue, the 3rd Respondent could not have proposed to auction the leasehold rights of the subject land. In all fairness the 3rd Respondent ought to have awaited the decision of the Tribunal in the matter. As submitted earlier, the Tribunal has granted an order to maintain status quo. In this view of the matter, I am of the opinion that the impugned notification proposing to auction the leasehold rights is not sustainable and is accordingly set aside. The Writ Petition is accordingly disposed of. No costs. Consequently, interim order dated 10-06-2011 is revoked and W.P.M.P.No.18844 of 2011 and W.V.M.P.No.2229 of 2011 are dismissed as unnecessary. ________________ NOUSHAD ALI, J. 16th December, 2011. skmr THE HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.15732 of 2011 Date : 16-12-2011 Between : Kanduri Rajagopala Charyulu .. Petitioner and State of A.P., rep. by the Commissioner, Endowments Department, Hyderabad & 2 Others .. Respondents