IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 15983 of 2001 Between: 1 District Collector, Visakhapatnam District, Visakhapatnam. 2 Divisional Forest Officer, Visakhapatnam Division, Visakhapatnam. ..... PETITIONER(S) AND 1 Gajula Vivekananda S/o.Yogi Raghavendra R/o.Lawsons Bay Colony, Peda Waltair, Visakhapatnam. 2 Special Court under A.P. Land Grabbing, B.R.K.R.Bhavan, Hyderabad. .....RESPONDENT(S) 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 to issue a writ, order or direction more particularly one in the nature of WRIT OF CERTIORARI quashing the Judgment of the Special Court under the A.P.Land Grabbing (Prohibition) Act, passed in L.G.CNo.22/2000 dt. 7.9.2000 and pass Counsel for the Petitioner:GP FOR ASSIGNMENT Counsel for the Respondent No.: MR.G.SANJAY KUMAR The Court made the following : ORDER: (Per Sri Justice GHULAM MOHAMMED) This Writ Petition has been filed by the Government, seeking writ of Certiorari for quashing the judgment-dated 7.9.2000 passed by the Special Court under the A.P. Land Grabbing (Prohibition) Act in L.G.C.No. 22 of 2000. The Tribunal has taken suo moto cognizance of the case pursuant to the press report made in “Andhra Prabha” Telugu daily newspaper, Visakhapatnam City Edition dated 7.3.2000 and issued notices to all the concerned, including the District Collector, Visakhapatnam and the Divisional Forest Officer, Visakhapatnam with regard to “Sri Bala Tripura Sundari Saptharushi Temple”. It is stated that in view of the claims made by the official respondents regarding the location and the extent of the properties belonging to the temple, the Special Court under A.P. Land Grabbing (Prohibition) Act, Hyderabad, appointed the Assistant Registrar of that Court as Commissioner to make local inspection and fix the boundaries of the area of the temple enclosing the ancient wells within the area of the temple and in particular the area in which ‘well No. 5’ shown in the photographs produced by the Special Deputy Collector, Land Protection and to demarcate the area by fixing the boundaries and he submitted his report stating that the temple and wells are in an extent of Ac. 3.02 cents in S.No. 62/1 and 62/2. The Special Court after hearing both sides and considering the report submitted by the commissioner held as under: “In the rejoinder, it is stated that the steps can be shifted as ordered by this Court earlier, which order is incorporated in the present order. But the objection raised is that the object behind the construction of these steps will be defeated. We re unable to appreciate this objections viz., that the steps are being laid for the tourists to go to the pilgrimage. Pilgrimage and Tourism have two distinct connotations. We make it very clear that we have not gone into the rival contentions with regard to the title of the temple to the land or the extent to which the temple is entitled. We further state that we have not gone into or decided any aspect regarding the fact that whether the temple should be under the private management or Endowments.” The learned Government Pleader for Assignments appearing for the petitioners submits that the Special Court ought not to have directed that pending a decision on the dispute by “any appropriate forum” neither the respondent nor the officials shall raise any further construction within that area and by virtue of the same, the Government is deprived of undertaking the developmental activities. We find some force in the contention of the learned Government Pleader inasmuch as the Tribunal, pursuant to the news item has taken suo moto action and appointed the Commissioner to make local inspection and fix the boundaries and to explain as to on how much extent the temple is located. The report of the Commissioner reveals that the total extent of the temple and the wells is in an extent of Ac. 3.02 cents in S.No. 62/1 and 62/2 and a perusal of the sketch attached to the report indicates the wells, are referred to as item Nos. 1,2,3,4, 5. The steps from Rushikonda cottages, which were proposed and laid to some extent in S.No.62/2 are shown as item No. 14 in the sketch, item No. 11 is the dias. Therefore, except Ac. 3.02 cents in S.Nos. 62/1 and 62/2, so far as the other remaining area is concerned, the Government is at liberty to proceed further in the matter to undertake the developmental activities. Accordingly, the Writ Petition is disposed of as indicated above. There shall be no order as to costs. _____________________________ GHULAM MOHAMMED, J ______________________________ VILAS V. AFZULPURKAR, J Dt. 24.07.2009 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies