HONOURABLE SRI JUSTICE K.C.BHANU WRIT PETITION No.16105 of 2011 Date of Order:14.06.2011 Between: D.Srinivasulu ..Petitioner and Deputy Commissioner, Endowments Department, Visakhapatnam ..Respondent The Court made the following Order: HONOURABLE SRI JUSTICE K.C.BHANU WRIT PEITTION No.16105 of 2011 ORDER :- This writ petition is filed by the petitioner seeking to issue a writ of Mandamus declaring the action of the respondent in not paying salary to the petitioner for doing Archakatvam and expenses for Dhoopa Deepa Naivedyam in Sri Ramalingeswara Swamy Temple, situated at Kothuru village, Sirusuvada Mandal, Srikakulam District after taking over temple land with effect from October, 2010 as arbitrary and illegal and consequently direct the respondent to pay salary to the petitioner for doing Archakatvam and expenses for Dhoopa Deepa Naivedyam in Sri Ramalingeswara Swamy Temple, with effect from October, 2010. 2. The brief facts that are necessary for disposal of the writ petition, are stated as follows: The forefathers of the petitioner have constructed Sri Ramalingeswara Swamy Temple, in their private land and set apart Acs.10-69 cents of land at Kothuru village, Sirusuvada Mandal, Srikakulam District for the purpose of Dhoopa Deepa Naivedyam and for four generations, their families have been in possession of land and the produce was used for Archakatvam and Dhoopa Deepa Naivedyam of temple. The temple has been a private temple and continued to be so till the respondent issued a notification in Notice No.A3/4480/2010, dated 15.09.2010 seeking to constitute a Trust Board. Thereafter, the members of the trust board were appointed and the petitioner is the hereditary Archaka to the temple. The temple land admeasuring Acs.10-69 cents were put to auction by the Trust Board. However, the petitioner has not been paid any amounts for doing Archakatvam and Dhoopa Deepa Naivedyam. The respondent is duty bound to pay salary for Archakatvam and set apart money for Archakatvam and Dhoopa Deepa Naivedyam. Due to non payment of salary and expenses, the petitioner is facing extreme difficulties to continue the religious rituals. Hence, the writ petition. 3. It is not in dispute that the lands of the temple have been taken possession by the Endowments Department with effect from October, 2010. Therefore, there is no possibility for the petitioner to get income from his lands to perform poojas in the temple and also for his sustenance. 4. According to the learned counsel for the respondent there is a provision for payment of salary to the Poojaris, whose lands were taken over possession by the Endowments Department. 5. In such circumstances, I deem it appropriate to direct the petitioner to make an application to the respondent and on making such application the respondent shall take appropriate decision with regard to the payment of salary and also the expenses for performing the rituals to the deity in the temple in accordance with the rules and regulations. The petitioner shall make a representation within a period of two weeks from today and thereafter appropriate decision has to be taken by the respondent within a period of four weeks from the date of receipt of such application and communicate the same to the petitioner. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. ______________ K.C. BHANU, J June 14, 2011 Note:- C.C. by one week. {B/o} lmv HONOURABLE SRI JUSTICE K.C.BHANU WRIT PETITION No.16105 of 2011 Date: 10.06.2011 LMV