IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION NO.622 OF 2003 Dt.27.1.2010 Between: Alapati Venkata Ramana Rao and others … Petitioners And The District Collector, Guntur and others … Respondents Counsel for the Petitioners : Sri P. Chakravarthy, for Sri O. Manohar Reddy Counsel for Respondent No.2: A.G.P. for Endowments Counsel for Respondent No.3: Sri B. Kesava Rao, for Sri V.T.M. Prasad THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION NO.622 of 2003 ORDER: This Writ Petition is filed for a Mandamus to declare the action of respondent Nos.1 and 4 in transmitting the treasure trove found in Sri Bandla Ammavari Temple, Chandole Village, P.V. Palem Mandal, Guntur District, to the Archaeology Department without following the procedure contemplated under the Indian Treasure Troves Act, 1878 (for short, the Act), as illegal and arbitrary. The petitioners sought for a consequential direction to the respondents not to shift the treasure found in the pit of the temple to the Archaeology Department. I have heard Sri P. Chakravarthy, representing Sri O. Manohar Reddy, learned Counsel for the petitioners, the learned Assistant Government Pleader for Endowments, appearing for respondent No.2, and Sri B. Kesava Rao, representing Sri V.T.M. Prasad, learned Standing Counsel for respondent No.3. There is an ancient temple called ‘Sri Bandla Ammavari Temple’ in Chandole Village, P.V. Palem Mandal, Guntur District. The said temple is under the administrative control of the Department of Endowments, Government of Andhra Pradesh. A work pertaining to the construction of mandapam was sanctioned by the Endowments Department and when excavation in connection with the said work being carried out, certain gold ornaments such as crown, palm, face mask, necklace etc., were found in the foundation pits. Those ornaments were properly preserved by the Endowments Department. The petitioners pleaded that in pursuance of a news item published in a Telugu Daily on 15.11.2002, respondent No.4 addressed a letter to respondent No.1 to take appropriate steps to handover the gold ornaments to the Archaeology Department as the temple in question is notified as a protected monument. The petitioners are aggrieved by the said proposal. Separate counter affidavits have been filed by respondent Nos.2 and 3. In her counter affidavit, Ms. K. Jyothi, Deputy Commissioner, Endowments Department, respondent No.2, inter alia stated that on finding the ornaments during the excavation, the Endowments Department has taken action for its safe custody by depositing the same in State Bank of India (SBI), Chandole, on 15.11.2002 in the name of six officials, who include the Deputy Commissioner and the Assistant Commissioner, Endowments Department, Executive Officer of the temple, Mandal Revenue Officer, Pittalavanipalem etc. It is further stated that though the temple is notified as a protected monument, there is no need to handover the jewellery found underneath the foundation and that the ornaments, which belong to the deity, were deposited in the SBI taking into consideration of the religious sentiments of the devotees. It is further emphasized that the Archaeology Department is no way concerned with the administration of the temple and the articles in question. A similar stand is echoed in the counter affidavit filed by respondent No.3, who even went to the extent of stating that respondent No.4 has absolutely no business to address a letter to respondent No.1 to initiate action under the provisions of the Act and that if respondent No.4 has any claim over the treasure, it is open to him to putforth his claim before respondent No.1 after issuing notification under the said Act. From the averments contained in the counter affidavits referred to above, the apprehension of the petitioners that the gold jewellery found during excavation is likely to be handedover to the Archaeology Department without following procedure, is completely allayed. From the measures taken by the Endowments Department, I am satisfied that the gold jewellery has been properly secured and the grievance of the petitioners, if any, in filing the Writ Petition ceased to exist. For the aforementioned reasons, no specific directions need be issued to the respondents as claimed in the Writ Petition and the same is accordingly disposed of. As a sequel to disposal of the Writ Petition, W.P.M.P. No.807 of 2003, filed by the petitioners, is disposed of. ______________________ C.V. NAGARJUNA REDDY, J 27.1.2010 bnr