IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA WRIT PETITION NO : 5185 of 2005 Between: 1 Kadamanchi Narsaiah, S/o Yadagiri, 2 T. Mallesham, S/o Katalu, 3 Smt. Ch. Narsamma, w/o Chandraiah, 4 Smt. P. Pochamma, W/o P. Kishan, 5 Turpati Kistaiah, s/o Mallaiah, 6 Kadamanchi Sainath, s/o Ramaiah, 8 Chintala Sarojana, w/o Mallaiah, 7 Chintala Uppalaiah, S/o Venkataiah, 9 Chintala Swaroopa, W/o Chandramouli, 10 Srihari Papaiah, S/o Kondaiah, 11 Teki Venkatamma, w/o Venkataiah, 12 Nune Laxmi, W/o Vaikuntam. 13 Chintala Sriramulu, S/o Janaiah, 14 Paneti Yellamma, W/o Kanakaiah, 15 Vanarasi Sriramulu, s/o Rangaiah, 16 Patti Yadaiah, s/o Guruvaiah, 17 Ch. Sharada, w/o Kanakaiah, 18 Teki Laxmi, W/o Sailu 19 Varanasi Chandravva W/o Rama Swamy 20 Mothi Laxmi, W/o Kanakaiah, 21 Varvatham Mallaiah, S/o Rajaiah 22 Sirgiri Ilavva, W/o Lacharam, 23 Teki Laxmi, W/o. Kanakaiah, 24 Chintala Sathaiah, S/o Muthaiah 25 Vanarasai Mallaiah, S/o Rangaiah 26 Sirigiri Swaroopa, W/o Narayana 27 Vanarasi Masavva, W/o Yellaiah, 28 Parvatham Shoba, W/o. Srinivas 29 Vanarasi Laxmi, W/o. Gopal 30 Mothi Laxmi, W/o. Sailu 31 Sirigiri Venkatavva, W/o. Rajamallu 32 Vanarasi Pochavva, W/o. Venkataiah 33 Duram Laxmi, W/o. Mallaiah 34 Srigiri Swaroopa, W/o. Saraiah 35 Thurupati Jyothi, W/o. Ramesh 36 Chintala Pochavva, W/o. Venkataiah 37 Peneti Ilaiah, W/o. Muthaiah 38 Sirigiri Rajitha, W/o. Sammaiah 39 Turupati Laxmi, W/o. Narsaiah 40 Nune Muthyalu W/o. Yadaiah 41 Teki Rangavva, W/o. Yadaiah 42 Nune Laxmi, W/o. Mallaiah 43 Pastam Laxmi, W/o. Anjaiah 44 Vanarasai Venkataiah, S/o. Pentaiah 45 Kadamanchi Prameela, W/o. Mallaiah 46 Chintala Laxmi, W/o. Yadagiri 47 Chennuri Renuka, W/o. Mallaiah 48 Pravatham Pochavva, W/o. Venkataiah 49 Chintala Bhagyamma, Venkataiah 50 Pravatham Mallaiah, S/o. Mallaiah 51 Vanarasi Venkataiah, W/o. Mallaiah 52 Chintala Narmadha, W/o. Srinivas 53 Kadamanchi Yadaiah, S/o. Ramaiah 54 Vanarasi Laxmi, W/o. Narsaiah 55 Konkiti Laxmi, W/o. Ramulu 56 Chintala Laxmi, W/o. Chandraiah 57 Chennuri Kanakakavva, W/o. Chandraiah 58 Teki Saravva, W/o. Mallaiah 59 Chintala Venkataiah, S/o. Malahari 60 Chennuri Venkatamma, W/o. Kanakaiah 61 Nune Venkatavva, W/o. Mallaiah 62 Vanarasi Venkatamma, W/o. Venkataiah 63 Peneti Chandraiah, W/o. Muthaiah 64 Chennuri Sathaiah, W/o. Guruppa 65 Kadamanchi Rajeshwari, W/o. Laxmaiah, 66 Nune Laxmi, W/o. Maibul, 67 Thurapati Laxmi, S/o. Sathaiah, 68 Ubidi Sammakka, W/o. Thirupathi, 69 Turupati Yellavva, W/o. Yadaiah, 70 Chintala Mallavva, W/o. Narsaiah, 71 Kadamanchi Kanakaiah, S/o. Ramaiah, 72 Kadamanchi Anjaiah, S/o. Chandraiah, 73 Sirigiri Rajeshwari, W/o. Sammaiah 74 Parvatham Narsaiah, S/o. Chandraiah, All are R/o Rampur Village, Karimnagar Town, Karimnagar District. ..... PETITIONERS AND 1 The District Collector, Karimnagar District, Karimnagar Town, Karimnagar. 2 The Mandal Revenue Officer, Karimnagar, Mandal, KarimnagarTown and District. 3 The Deputy Commissioner, Warangal Zone, Endowments Department, Warangal Town, Warangal District. 4 The Assistant Commissioner, Endowments Department, Karimnagar Town, Karimnagar District. 5 The Commissioner , Endowments Departments Government of Andhra Pradesh, Hyderabad. .....RESPONDENTS 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 a writ order or direction more particularly one in the nature of Writ of mandamus declaring the proceedings of respondent No.3 vide proceedings No. Rc.No. B2/1071/2001,dt. 8-10-2004 as against the law and the principles of natural justice and further directing the respondents Nos. 1 and 2 to consider the representations of the petitioners and issue patta certificates or allot the land on receiving the cost of the land, and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.J.SOMASUNDARAM Counsel for the Respondents: GP FOR REVENUE & GP FOR ENDOWMENTS. The Court at the stage of admission made the following : ORAL ORDER: Heard both sides. Perused the material placed before me. The only grievance of the petitioners is that in spite of their continuous possession and enjoyment over the lands belong to the temple, the third respondent issued proceedings No. RC No. B2/1071/2001 dated 8-10-2004 asking the petitioners to vacate the lands. The learned counsel for the petitioners contended that the petitioners constructed houses in the said lands about 20 years ago and have been living in the said houses uninterruptedly. But it is to be seen that admittedly they are encroachers of the lands belong to the temple. In which event, they cannot have any right what so ever to continue in the said lands. It is further contended by the learned counsel for the petitioners that the lands may be assigned to the petitioners for marked price. In this regard this Court cannot give any direction to the respondents. However, the petitioners are at liberty to approach the competent authority including the Government seeking redressal in appropriate manner and upon any such representation being made by the petitioners, the authorities concerned shall consider the same as expeditiously as possible, keeping in view of the possession of the petitioners over the said lands for a long period. With the above directions, the writ petition is disposed of at the stage of admission. No costs. -------------------------- kvsn 17-03-2005 To 1 The District Collector, Karimnagar District, Karimnagar Town, Karimnagar. 2 The Mandal Revenue Officer, Karimnagar, Mandal, KarimnagarTown and District. 3 The Deputy Commissioner, Warangal Zone, Endowments Department, Warangal Town, Warangal District. 4 The Assistant Commissioner, Endowments Department, Karimnagar Town, Karimnagar District. 5 The Commissioner , Endowments Departments Government of Andhra Pradesh, Hyderabad. 6 Two CCs to GP for Revenue, High Court buildings, Hyderabad. 7 Two CD copies.