IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD PRESENT: THE HON’BLE SRI JUSTICE SANJAY KUMAR W.P.No.19334 OF 2007 Date:10-02-2011 Between: Kellampally Venkateswara Rao. … Petitioner AND Gram Panchayat, Ganapavaram, Nadendla Mandal, Guntur District, rep.by its Executive Officer and three others. …Respondents ORDER: The petitioner, claiming to be a member of the founder family of Sri Kellampally Veeraiah Dharma Satram, Ganapavaram Village, Nadendla Mandal, Guntur District, the fourth respondent herein, filed the present writ petition aggrieved by the action of the Ganapavaram Gram Panchayat in resorting to demolition of the choultry and in seeking to take possession of the land. 2. This Court, by order dated 13-09-2007, granted an interim direction to the Gram Panchayat, Ganapavaram not to interfere with the activities of the fourth respondent–Satram in its land situated in Sy.No.216, Ganapavaram Village, Nadendla Mandal, Guntur District, pending disposal of the writ petition. 3. The Gram Panchayat, Ganapavaram Village, filed W.V.M.P.No.2529 of 2007 to vacate the above order. 4. With the consent of the counsel appearing for the parties, the main writ petition is taken up for disposal. 5. According to the petitioner, the fourth respondent-Satram is a charitable institution registered under Section 6(c) of the A.P. Charitable, Hindu Religious Institutions and Endowments Act, 1987. The fourth respondent-Satram is said to have been constructed as long back as in the year 1910 by the great grandfather of the petitioner. The writ petitioner therefore claims that the fourth respondent-Satram has been in possession of the land and the choultry in Sy.No.216 for almost 100 years. Reference is also made to the measures taken by the fourth respondent-Satram in the year 2000 to evict the tenants, who were in possession of part of the property. It is the case of the petitioner that while the matter stood thus, the Ganapavaram Panchayat raised a dispute claiming that the land upon which the Satram was located is a poramboke land and that it vested in the Panchayat. It is on the basis of this claim that the Gram Panchayat undertook demolition of the choultry and tried to take over the possession of the land. 6. The fourth respondent-Satram filed a counter supporting the petitioner. Sri V.T.M. Prasad, learned counsel for the fourth respondent drew the attention of the Court to the various measures taken by the Endowments Department in connection with the Satram and its properties and submitted that the Gram Panchayat had no right, title or interest in the Satram property situated in Sy.No.216 of Ganapavaram Village. 7. The Gram Panchayat, Ganapavaram, in its counter, projected an altogether different case. According to it, encroachments and constructions were made in the subject land in Sy.No.216, Ganapavaram Village, during the tenure of an earlier Sarpanch, who was a close relation of the writ petitioner. It is stated that the Endowments Department, without verifying the records and without proper enquiry, took action upon the petitioner’s application for seeking eviction of the tenants. Pursuant to the orders passed by this Court in W.P.18928 of 2006 to take necessary action upon such eviction decrees, it is stated that the Endowments Department itself undertook the demolition of the structures in the subject land. The Gram Panchayat categorically stated that the possession of the site in Sy.No.216 of Ganapavaram village was thereupon handed over to the Endowments Department. 8. The Gram Panchayat therefore denied the allegation that it tried to interfere or take over the possession of the subject land. The Gram Panchayat however asserted that the subject site was part of the Gramakantham. 9. In the light of the above disputed questions of fact and the dispute as to the title over the subject site, this Court cannot adjudicate or resolve the issue in exercise of writ jurisdiction. As the matter pertains to a dispute over title, it would necessarily have to be resolved by the appropriate forum after due trial and recording of evidence. Pursuant to the interim order granted by this Court, the fourth respondent-Satram claims to be in possession of the subject site. Even as per the Gram Panchayat, Ganapavaram village, the subject site is not in its possession and is presently under the control of the Endowments Department. That being so, if the Gram Panchayat, Ganapavaram wishes to establish its right and title over the subject site, it must necessarily approach the appropriate forum and put forth its case in accordance with law. Without taking recourse to such legal measures, the Gram Panchayat, Ganapavaram cannot take further steps in the matter. 10. The writ petition is accordingly disposed of with the above observations. There shall be no order as to costs. ____________________ SANJAY KUMAR, J February 10, 2011. Note: Furnish C.C.within three(3) days B/O AMD/KVS THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.19334 OF 2007 10-02-2011 AMD/KVS