THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.4523 of 2011 Date:25.02.2011 Between: Smt. Akther Jahan Begum and another ..... Petitioners AND Mansas Temple Trust, Vijayanagaram .....Respondent Counsel for the Petitioners: Sri P. Chaitanya Counsel for Respondent: Sri V.T.M. Prasad, learned standing counsel for endowments The Court made the following: ORDER: This writ petition is filed for a mandamus to set aside the notification dated 19.01.2011 of the respondent, whereby it has proposed to auction the leasehold rights of lands to an extent of Acs.3.86 cents in survey No.46-1 and 2 and Acs.2.07 cents in survey No.46/1 of Nidigattu Village, Bheemunipatnam Mandal (presently Anandapuram Mandal), Visakhapatnam District. It is the pleaded case of the petitioners that they are owners of the abovementioned lands, which were purchased under registered sale deeds dated 21.03.1995 and 06.08.2004. The petitioners felt aggrieved by the action of the respondent in including the abovementioned lands along with other lands totalling to Acs.39.26 cents in various survey numbers of Nidigattu Village for auctioning their leasehold rights. In support of their plea of ownership, they have filed copies of the registered sale deeds. At the hearing, Sri V.T.M.Prasad, the learned standing counsel for endowments representing the respondent, submitted that these lands evidently belong to the respondent institution and therefore, they were included in the auction notice. The question whether the abovementioned lands belong to the petitioners or to the respondent falls in the realm of disputed question of fact which cannot be decided by this Court while exercising jurisdiction under Article 226 of the Constitution of India. This Court feels that if the petitioners are able to establish with reference to the documentary evidence that the abovementioned lands belong to them, the respondent cannot interfere with the rights of the petitioners. It would be appropriate that the petitioners make a representation to the Assistant Commissioner and Executive Officer, Kota, Vizianagaram District - respondent herein, along with the material in support of their claim of ownership within a period of one week from today. Immediately thereafter, the Assistant Commissioner and Executive Officer shall consider the material produced by the petitioners and pass appropriate order. If the petitioners feel aggrieved by the order passed by the respondent, they shall be free to approach the Endowments Tribunal under Section 87(1)(c) of the Andhra Pradesh Charitable & Hindu Religious Institutions & Endowments Act, 1987 for redressal of their grievance. Till an appropriate order is passed by the respondent, it shall not hold auction of the leasehold rights of the abovementioned lands. It is made clear that the respondent shall be free to proceed with the auction of leasehold rights of all other items of properties as notified in the impugned auction notice. Subject to the above directions, the Writ Petition is disposed of. As a sequel to disposal of the writ petition, W.P.M.P.No.5599 of 2011 filed by the petitioners for interim relief is disposed of as infructuous. ________________________ C.V.NAGARJUNA REDDY, J 25th February, 2011 Note: Issue C.C. in five days. (B/o) GHN