THE HONOURABLE SRI JUSTICE P.S.NARAYANA TUESDAY THE SIXTH DAY OF OCTOBER, TWO THOUSAND AND NINE W.P.No. 16456 OF 2009 Between: Sri Movva Nageswara Rao …Petitioner A n d The Tahsildar, Vinukonda Mandal, Guntur District and others …Respondents THE HONOURABLE SRI JUSTICE P.S.NARAYANA W.P.No. 16456 OF 2009 ORDER: This Court ordered notice before admission on 12-8-2009, counter affidavit is filed by the respondent No.2. 2. This writ petition is filed for a writ of mandamus declaring the impugned inaction of the respondents 1 to 4 in conducting the survey and identifying the boundaries of the land leased out to the petitioner belonging to the 2nd respondent temple is arbitrary, illegal, capricious, high handed and violate Articles 14 and 21 apart from being in violation of Article 300-A of the Constitution of India and statutory provisions of A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 and the Rules made thereunder and the principles of natural justice and fair play and consequently direct the respondents to identify the boundaries of the land leased out to the petitioner belonging to the 2nd respondent temple after a full fledged survey and pass such other suitable orders. 3. It is the case of the writ petitioner that Sri Veeranjaneya and Narasimha Swamy Vari Temple, Lingannapalem has an extent of Ac. 3-00. The said lands were put to auction for the years 2007-08. The petitioner participated in the said auction and the bid was knocked down in his favour for an annual lease amount of Rs.2,400/-. However, the 2nd respondent or its official could not show the boundaries within which the 2nd respondent has lands. In fact, the petitioner was informed that the said land is abutting the lands purchased by his family members in Sy.No. 77,78 and 79. In fact the lands in Sy.Nos.78 and 79 belong to Sri Vemula Venkateswarlu, his adjacent land owner. In so far as the lands purchased by his family members Pattadar Pass Books have also been issued after following the due process of law under the provisions of A.P. Record of Rights and Pattdar Pass Book Act. In view of all the aforesaid statements made by respondents 2 to 4 they presumed that the land belonging to the 2nd respondent Devasthanam is situated within Sy.No. 77,78 and 79 as it is not being identifiable he made representations to the Tahsildar, Vinukonda Mandal, Guntur District, requesting him to identify the land fix up the boundaries of the 2nd respondent temple after a full fledged survey. In furtherance of the said action he have also remitted a sum of Rs. 250/- vide challan No.167 dated 5-12-2007. Similar representations were made to the other respondents also. 4. In the counter affidavit filed by the respondents, it is stated that it is true that the petitioner participated in the public auction for the temple lands and was the highest bidder for the years 2007-2010. It is also stated that petitioner never objected relating to boundaries and he is cultivating the same for the past two years of 2007-2008. It is also stated that as per the public auction Rules the land was handed over to him as shown to him, he accepted the same and took possession of the land and obeyed the public auction rules and not to complain otherwise, which is not sustainable. 5. In the light of the facts and circumstances, since the petitioner is interested in having identification of lands, the petitioner is at liberty to make appropriate representation afresh within four weeks to the 1st respondent in this regard and let the 1st respondent take appropriate decision in accordance with law relating to the adjacent lands to resolve the controversy. It is needless to say that the petitioner is at liberty to seek that the adjacent lands also are measured since the extent of the adjacent lands appears to be more when compared to his extent of land. 6. The writ petition is accordingly disposed of. No order as to costs. _____________________ Justice P.S.Narayana 6th October,2009. KM THE HONOURABLE SRI JUSTICE P.S.NARAYANA W.P.No. 16456 OF 2009 6th October, 2009.