IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 17497 of 2008 Between: 1 Raj Kishan Pershad S/o. Late Sri Raja Hari Kishan Pershad, 2 Prem Kishan Pershad, S/o. Late Sri Raja Hari Kishan Pershad, ( Both are R/o. H.No. 1-35-562/2, Rasoolpura, Secunderabad, Hyderabad District. Through Their GPA Mr. M.Narayan Goud, S/o. Late Lingamaiah Goud, Aged: 50yrs, Occ: Business, R/o. H.No. 23-06-161, Hari Bowli, Shah Ali Banda, Hyderabad. ..... PETITIONER(S) AND 1 The Principle Secretary, Ministry of Endowments, Secretariat, Hyderabad. 2 The Commissioner, Endowments Department, Govt. of A.P., Hyderabad. 3 The District Collector, Ranga Reddy District, Lakdi-ka-pool, Hyderabad. 4 The Tahsildar, Shameerpet Mandal, Ranga Reddy District. .....RESPONDENT(S) 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 to issue Writ of Mandamus or any other appropriate writ or order or direction declaring the impugned action of the respondents in not ﬁxing the market value and in not disposing oﬀ the appeal petitions ﬁled by the petitioners dt: 5th January, 2005 before the 1st and 2nd respondents as illegal, arbitrary and in violation of principles of natural justice apart from violative of fundamental rights guaranteed under Artcle 14 of the Constitution of India consequentially direct the respondents to forthwith consider and dispose oﬀ the appeal petitions dt: 5th January, 2005 before the 1st and 2nd respondents by ﬁxing the market value, award costs and pass Counsel for the Petitioner:MR.CH.SUDHAKAR BABU Counsel for the Respondent No.: GP FOR ENDOWMENTS The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 17497 of 2008 ORDER: The petitioners claim that they are in possession and enjoyment of an extent of Ac.15.34 guntas of land in Survey No.640 of Devaryanmjal Village, Shameerpt Mandal, Ranga Reddy District. They claim to have made a representation, dated 05.01.2005, to the Commissioner of Endowments, 2nd respondent herein, with a prayer to grant No Objection Certiﬁcate for alienation of the land in their favour. The representation is silent as to the institution, which owns the land. However, from the pleadings of the parties, it is evident that Sri Seetha Ramachandra Swamy Temple, 5th respondent herein is the owner of the land. The grievance of the petitioners is that no action has been taken on the representation by the 2nd respondent and they seek appropriate directions in this regard. Heard the learned counsel for the petitioners, learned Government Pleader for Endowments and the learned counsel for the 5th respondent. At one stage, the petitioners claimed ownership. However, having realized that the 5th respondent is the owner of the land, they came forward with the proposal to purchase the land and this, in turn, necessitated No Objection Certiﬁcate from the 2nd respondent. The petitioners made a representation, dated 05.01.2005, for that purpose. As of now, the petitioners cannot claim any possessory or ownership rights vis-à-vis the land. The reason is that even if there existed deemed tenancy, it stood terminated by operation of Section 82 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act 30 of 1987 (for short ‘the Act’). The 5th respondent is alone entitled to remain in possession of the property. So far as the proposal of the petitioners for alienation of the land is concerned, few writ petitions are pending before this Court. W.P.No.11812 of 2002 is one such. Speciﬁc orders were passed therein to the eﬀect that no property belonging to religious endowments covered by Act 30 of 1987 shall be sold, except with the specific permission of the Court. As long as such order operates, and those writ petitions are pending, the question of considering the request of the petitioners does not arise. Therefore, the writ petition is disposed of, directing that it shall be open to the petitioners to renew their request, after the disposal of the said writ petitions. It is made clear and specially directed that the 5th respondent shall alone remain in possession of the land and the authorities of the Endowments Department shall take action under Section 85 of the Act, whenever any attempt is made by anyone to encroach into the said land. There shall be no order as to costs. _________ 24.09.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KSRANI} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 17497 of 2008 Date: 24.09.2008 JSU