IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION NO : 2546 of 2003 Between: M.Lakshmi Reddy S/o Konda Reddy R/o Mamilacheruvu Village, Gooty Mandal, Anantapur District. ..... PETITIONER AND 1 The Revenue Divisional Officer, Anantapur. 2 The Mandal Revenue Officer, Gooty Mandal, Anantapur District. 3 Bajarakka W/o. Adinarayana R/o. Mamilla Cheruvu, Kothapet Village, Gooty Mandal, Ananthapur District. 4 B.laxmi Devi W/o. B.Nagaraju R/o. Mamilla Cheruvu, Kothapet Village, Gooty Mandal, Ananthapur District. 5 T.Mahadevi W/o.T.Ramudu R/o. Mamilla Cheruvu, Kothapet Village, Gooty Mandal, Ananthapur District. 6 Chinna Anjanamma W/o. T.Hanumanna R/o. Mamilla Cheruvu, Kothapet Village, Gooty Mandal, Ananthapur District. 7 T.Pedda Anjanamma W/o. T.Sunkanna R/o. Mamilla Cheruvu, Kothapet Village, Gooty Mandal, Ananthapur District. 8 B.Naga Lakshmi W/o. Ranga Swamy R/o. Mamilla Cheruvu, Kothapet Village, Gooty Mandal, Ananthapur District. 9 B.Devi W/o. B.Rangadu R/o. Mamilla Cheruvu, Kothapet Village, Gooty Mandal, Ananthapur District. 10 C.Sulochana W/o.C.Peddanna R/o. Mamilla Cheruvu, Kothapet Village, Gooty Mandal, Ananthapur District. 11 T.Suvarna W/o. Narayana R/o. Mamilla Cheruvu, Kothapet Village, Gooty Mandal, Ananthapur District. (RR 3 to 11 are impleaded as per Court Order in WPMP 9241/03 dt. 10.6.03.) .....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 of Mandamus or any other appropriate Writ or Writs, Order or Direction declaring the action of the Respondents in seeking to interfere with the peaceful possession of the petitioner over the land admeasuring Ac.19-08 cents in Sy.No.524-E of Kothapeta Village, Gooty Mandal, Anantapur District as illegal, arbitrary and without jurisdiction by directing the respondents not to interfere with the possession of the petitioner over the above land; Award costs and pass Counsel for the Petitioner :MR.N.RANGA REDDY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : ORDER: This writ petition is filed seeking a Mandamus declaring the action of the respondents in seeking to interfere with the peaceful possession of the petitioner over the land admeasuring Ac.19.08 cents in S.No.524-E of Kothapeta village, Gooty Mandal, Ananthapur District, as illegal and arbitrary and consequently to direct the respondents not to interfere with the possession and enjoyment of the petitioner over the said land. According to the petitioner, he has been granted lease to an extent of Ac.19.08 cents of land in S.No.524-E of Kothapeta village, Gooty Mandal, which originally belongs to Sri Ramaswamy Temple. Originally, the lease was granted on 25.12.2000 for a period of three years with the permission of Sri Ramaswamy Temple Committee and the same was extendable after three years. The expenses of Archaka and maintenance of the temple are met out of the said lease amount. It is submitted that except the land in question, there is no other livelihood for the petitioner and he is paying rentals every year without default. That being so, on 6.02.2003 the respondents have come to the land and ordered the petitioner to leave the land forthwith, or else, he will be evicted. The respondents informed the petitioner that the land is required for alienation to S.C. Corporation under the instructions of the District Collector. The petitioner states that only the Deputy Commissioner of Endowments has got jurisdiction to intervene in the matter. The respondents cannot evict him from the land in question on the ground that the same is required for alienation to S.C. Corporation. The main grievance of the petitioner is that the respondents have not issued any prior notice nor they have conducted any enquiry before directing him to leave the land. The petitioner apprehends that the respondents may at any time dispossess him. Hence, the present writ petition. There is no necessity of going into all the details. It is suffice to notice the averments made at paragraph 4 of the counter affidavit filed by the Mandal Revenue Officer, Gooti Mandal, the second respondent herein. It is stated in the counter affidavit that the land belonging to Endowments Department has been purchased by the District Collector and Chairmen, District Scheduled Castes Corporation, Ananthapur under ‘Velugu’ scheme for the upliftment of the Scheduled Caste people. Accordingly, the District Collector, Anantapur has issued proceedings R.C.No.145/2002-2003 dated 3.10.2002 for purchase of temple land in survey No.524-E admeasuring an extent of Ac.19.08 cents in favour of nine beneficiaries belonging to Scheduled Castes @ Ac.2.12 cents each, after conducting Grama Sabha in the village and with the consent of the Grama Sabha, the land was purchased by the S.C. Corporation at the rate of Rs.20,000/- per acre and an amount of Rs.3,81,600/- was paid to the Endowments Department in D.D.No.460644 dated 5.12.2002. Possession of the said land was also given to S.C. beneficiaries on 17.01.2003 by the Mandal Revenue Officer, Gooty in the presence of Panchayat Secretary, Sarpanch, M.P.T.C. Member, field supervisor, S.C. Corporation, Ananthapur Executive Officer, Endowments Department and other village elders of Kothapeta village. Registration of the said land also took place on 6.02.2003 in favour of nine S.C. beneficiaries in Sub-Registrar Office, Gooty. As such, S.C. beneficiaries are alone the owners of the said land. Therefore, the petitioner is neither in possession of the land as claimed by him nor he has any substantive right whatsoever. In view of the counter averments, the writ petition is devoid of any merit and the same is liable to be dismissed. Accordingly, the Writ Petition is dismissed. ________________ (C.V. RAMULU, J.) 15th July, 2009 Js.