HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION Nos.24102, 24103, 24104, 24105, 24106, 24107, 24108, 24109, 24110, 24111, 24112 and 24113 of 2005 Date : 03.08.2011 Between : P.N.V.S.Prema & others. …..Petitioners And The Commissioner of Endowments, Tilak Road, Hyderabad & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION Nos.24102, 24103, 24104, 24105, 24106, 24107, 24108, 24109, 24110, 24111, 24112 and 24113 of 2005 COMMON ORDER : In all these writ petitions, petitioners are seeking regularization of various extents of land covered by Sy.No.275/D1 of Adivivaram village of Visakhapatnam District, in terms of G.O.Ms.No.253, Revenue (Endts. IV (2)) Department, dated 03.03.2005, by collecting necessary market value for the land. The aforesaid G.O.Ms.No.253, dated 03.03.2005, was issued by the Government for constituting a Committee to make its recommendations to the Commissioner of Endowments, to make settlements under Section 89 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (hereinafter referred to as ‘the Act’) with regard to encroachments in the land belonged to Sri Varaha Lakshmi Narasimha Swamy Devasthanam at Simhachalam. Paragraphs 8, 9 and 13 of the aforesaid G.O. read as under : “8. In the above circumstances and after careful examination of the entire matter and also in supersession of the orders issued in the G.Os. 1st to 4th and 6th read above, and with a view to expedite the long pending issues relating to regularization of the encroachment/occupation of lands of Sri Varaha Lakshmi Narasimha Swamy Devasthanam, Simhachalam in the best interest of the Institution, Government hereby constitute a Committee with the following members to advise Commissioner of Endowments Departme :- (i) Collector, Visakhapatnam …Member (ii)A representative of the Visakhapatnam Urban Development Authority to be nominated by Collector ad District Magistrate, Visakhapatnam But not below the rank of Chief City Planner …Member (iii)A representative from the District Police under whose jurisdiction the temple falls to be nominated by Collector and District Magistrate, Visakhapatnam but not below the rank of Additional S.P. …..Member (iv)Executive Officer Sri Varaha Lakshmi Narasimha Devasthanam, Simhachalam, Visakhapatnam. …Member Convenor. (v)The follwing 4 (four) Hon’ble MLAs will also be members of the Committee: 1. Sri Dronam Raju Satyanarayana. 2. Sri S.Ranga Raju. 3. Sri T.Gurumurthy Reddy. 4. Sri K.Seetha Ramu. 9. The Committee should complete the task within a period of (3) months from the date of its constitution. 13. The Commissioner of Endowments, after obtaining the recommendations of the Committee shall exercise the powers vested with him under Section 89 of the said Act as a Statutory Authority. He should follow the provisions of the Act strictly while issuing the proceedings on the recommendations of the above committee and ensure that the compromise to be effected under Section 89 is in the best interest of the Institution and by exercise of independent judgment.” From the aforesaid paragraphs, it is clear that the orders issued by the Government in G.O.Ms.No.253, dated 03.03.2005, will not confer any power on the respondents to regularize the encroachments in the land belonged to Sri Varaha Lakshmi Narasimha Swamy Devasthanam, Simhachalam. It is not a policy notified by the Government for regularization, but it is only an order of the Government, constituting a Committee for making recommendations to the Commissioner of Endowments for effecting the settlements under Section 89 of the Act, and that too, the Committee’s tenure was fixed as three months from the date of issuance of said G.O. i.e. 03.03.2005, for making its recommendations. As G.O.Ms.No.253, dated 03.03.2005 is not the policy notified for regularization, and further, the Committee itself is given the period of three months for making its recommendations, based on the aforesaid G.O.Ms.No.253, the petitioners cannot seek regularization of the lands in question. For the aforesaid reasons, I do not find any ground for grant of directions as prayed for in these writ petitions. The writ petitions are accordingly dismissed. However, it is made clear that if any recommendations are made by the Committee constituted under G.O.Ms.No.253, dated 03.03.2005, this order will not preclude the petitioners from approaching the Commissioner of Endowments under Section 89 of the Act. No costs. ______________________ R. SUBHASH REDDY, J 3rd August 2011 ajr