IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 6986 of 2008 Between: 1 Nutalapati Koteswara Rao S/o. Late Hanumantha Rao R/o.Addanki Village and Mandal Prakasam District. 2 Kanthamraju Satyanarayana Sarma S/o. Late Nagaratna Rao R/o.Addanki Village and Mandal Prakasam District. ..... PETITIONER(S) AND 1 The Assistant Commissioner, Endowments Department, Ongole, Prakasam District. 2 Kanthamraju Sankara Rao S/o. Nagaratna Rao R/o. Addanki Village and Mandal, Prakasam District. .....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 issue writ order or direction more particularly one in the nature of writ of Mandamus declaring the proceedings in allowing the 2nd respondent to continue Archakatvam Service in Sri Ramalaingeswara Swamy and Sri Mallikarjuna Swamy, Addanki Village and Mandal, Prakasam District as arbitrary illegal, unjust and consequently set aside the same by permitting the petitioners and 2nd respondent to continue the Archakatvam Services on rotation basis. Counsel for the Petitioner: SMT.KAVITHA GOTTIPATI Counsel for the Respondent No.: GP FOR ENDOWMENTS The Court made the following : Form-NIC-OGS/WP{VSMI} O R D E R:- This writ petition is filed seeking a mandamus to declare the Proceedings dated 26.3.2008 issued by the 1st respondent allowing the 2nd respondent to continue Archakatvam services in Sri Ramalingeswara Swamy and Sri Mallikarjuna Swamy Temples, Addanki village, as arbitrary and illegal, and consequently set aside the same by permitting the petitioners and the 2nd respondent to continue Archakatvam services on rotation basis. The petitioners assert that there are four temples namely Sri Ramalingeswara Swamy Varu, Sri Mallikarjuna Swamy Varu, Sri Nageswara Swamy Varu at Addanki Town and Mandal, Prakasam District and Sri Kasi Visveswara Swamy Temple at Cherukumpalem village, Addanki Manda and Archakatvam services are being rendered by the petitioners and their family members hereditarily and these temples are under the administrative control of the 1st respondent-Asst. Commissioner. The petitioners and the 2nd respondent entered into an Agreement on 5.4.2006 to render Archakatvam services in these temples for a period of one year on rotation basis. Some villagers of Addanki town made a representation to the 1st respondent stating that the petitioners are not rendering Archakatvam services properly and requested him to see that Archakatvam services are rendered by the 2nd respondent in the Temples. Now, the petitioners’ grievance is that the 1st respondent, based on the representation of the villagers, without looking into in the agreement dated 5.4.2006 nor making any proper enquiries, issued the impugned Proceedings dated 26.3.2008 allowing the 2nd respondent to continue Archakatvam services in Sri Ramalingeswara Swamy and Sri Mallikarjuna Swamy Temples, Addanki. During the course of arguments, the learned counsel for the petitioners has brought to my notice that the petitioners have preferred an appeal under Section 92 of the Endowments Act, 1987 and as the Regional Joint Commissioner is on leave, the appeal is not being entertained. Having regard to the fact that an appeal is preferred with regard to the subject matter in this writ petition and it is evident that the Regional Joint Commissioner is the only appellate authority, the Regional Joint Commissioner is hereby directed to dispose of the appeal within a period of four weeks from the date of receipt of a copy of this order. With the above direction, the writ petition is disposed of. No costs. _______________ 09.04.2008 bcj