IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE DR JUSTICE G.YETHIRAJULU WRIT PETITION NO : 7830 of 1998 Between: 1 G. Hanuman Reddy, S/o.Padmanabha Reddy, R/o.Atmakur Village, Nellore Dist. 2 P.Rajamma, W/o. Krishna, R/o.Atmakur Village, Nellore District. 3 P.Dawood Khan, S/o. Hibrahim Khan,R/o.Atmakur Village, Nellore Dist. 4 Alluru Vasantha Narayana, S/o.Thirupalaiah, R/o.Atmakur Village, Nellore Dist. 5 T.Balakonda Reddy, S/o. Narapa Reddy, R/o.Atmakur Village, Nellore Dist. 6 S.D.Ghouse Mohiddin, S/o. Badruddin, R/o.Atmakur Village, Nellore Dist. 7 Pati Sambaiah Chari, S/o. Eswaraiah, R/o.Atmakur Village, Nellore District. 8 Pati Sambaiah Chari, S/o. Eswaraiah, R/o.Atmakur Village, Nellore District. 9 G.Venkata Ramana Reddy, S/o. Venkata Subba Reddy, R/o.Atmakur Village, Nellore District. 10 S.Padmavathamma, W/o. Adapa Reddy R/o.Atmakur Village, Nellore Dist. ..... PETITIONER(S) AND 1 The Government of Andhra Pradesh, rep.by its Chief Secretary, Secretariat Building, Hyderabad. 2 The Commissioner of Panchayat Raj, Urdu Hall Road, Himayatnagar, Hyderabad. 3 The Commissioner of Endowments, A.P., Tilak Road, Hyderabad. 4 The Commissioner of Endowments, A.P., Tilak Road, Hyderabad. 5 The Assistant Commissioner of Endowments, Nellore. 6 The Atmakur Gram panchayat rep. by its Executive Officer, Atmakur, Nellore District. 7 The Executive Officer, Department of Endowments, Sangam Group of Temples, Nellore. 8 Kolagani Ramaiah Dharma Satram rep.by its Chairman, Nalesetti Venkata Narasaiah, Atmakur, Nellore 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 issue a Writ or order or direction declaring the action of the respondents in proposing to resume the properties of Atmakur Gram panchayat Choultry alias Kollaganivari Choultry Consisting of Buildings and land of Ac. 2.65 cents in Survey Number 1965/13 of Atmakur Town as one without jurisdiction , illegal, arbitrary and unjust and pass Counsel for the Petitioner:MR.M.RAVINDRANATH REDDY Counsel for the Respondents: MR.METTA.CHANDRASEKHARA RAO The Court made the following : ORDER: This writ petition has been filed by the petitioners seeking to declare the action of the District Panchayat Officer ordering delivery of the Choultry to the Endowments Department as illegal and arbitrary. The petitioners are the public of the village in which the choultry is located. They contend that they have public interest to protect the property of the Gram Panchayat, therefore, they approached this Court seeking the relief of quashing the order of the District Panchayat Officer dated 21-02-1995. In pursuance of the orders of the higher authorities, the Panchayat Officer passed the said order to deliver the choultry to the Endowments Department. The choultry was established by a group of persons to serve the public and in pursuance of that some constructions were made and being utilized to facilitate the public. The Panchayat Raj Department for the reasons best known decided to deliver the property to the Endowments Department. The petitioner did not specifically aver as to what is the prejudice caused to the public on account of handing over the choultry to the Endowments Department. The Gram Panchayat did not raise any objection and there are no allegations whether any part of the property is being misused. Learned counsel for the petitioner submitted that income from the choultry is supposed to be spent for the development of the choultry and it should not be diverted to any other purpose. It is the responsibility of the authorities concerned to maintain proper accounts of the income and utilize the funds for the welfare of the public and development of the choultry. Since there is no loss caused to the property of the choultry on account of handing over the choultry from Panchayat Raj Department to Endowments Department, there cannot be any grievance to the petitioners. The Writ Petition is accordingly dismissed. It is needless to say that the income of the choultry has to be utilized for the development and maintenance of the choultry and the authorities concerned are expected to take necessary steps in that direction. No order as to costs. _________________ 19th February, 2008 SKM ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Chief Secretary, Government of Andhra Pradesh, Secretariat Building, Hyderabad. 2 The Commissioner of Panchayat Raj, Urdu Hall Road, Himayatnagar, Hyderabad. 3 The Commissioner of Endowments, A.P., Tilak Road, Hyderabad. 4 The Commissioner of Endowments, A.P., Tilak Road, Hyderabad. 5 The Assistant Commissioner of Endowments, Nellore. 6 The Executive Officer, Atmakur Gram Panchayat, Atmakur, Nellore District. 7 The Executive Officer, Department of Endowments, Sangam Group of Temples, Nellore. 8 The Chairman, Kolagani Ramaiah Dharma Satram Nalesetti Venkata Narasaiah, Atmakur, Nellore District. 9. 2CD copies Form-NIC-OGS/WP{KKG}