THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.2858 of 2003 Dated:18.11.2010 Between: H.Yerriswamy, And another. ….Petitioners And Government of Andhra Pradesh, Endowments Department, Secretariat, Hyderabad, Rep.by its Secretary, And others. …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.2858 of 2003 ORDER: The first petitioner claims to be the trustee of Sri Thimmaraya Swamy temple and the second petitioner is allegedly trustee of Sri Rameswar temple. Both the temples are situated at Gangalapuram Village. An extent of Acs.4.50 cents in survey No.1206 and Acs.2.10 cents in survey No.1207 admittedly are inam lands of the two temples respectively. The petitioners allege that respondent Nos.1, 2 and 3 are alienating the land in favour of respondent No.4 in utter disregard to the provisions of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (the Act), especially Section 80 thereof. Therefore, they filed the instant writ petition for a writ of mandamus declaring the action of the second respondent alienating the temple lands to respondent No.4 as illegal and arbitrary. In the counter affidavit filed by the Assistant commissioner of Endowments, Anantapur, the allegation that the petitioners are trustees is denied. It is stated that the petitioners are enjoying the lands depriving the Archakas of their valid right to cultivate the land. It is also stated that the proposal to alienate the land to respondent No.4 has been dropped. To the same effect is the counter affidavit filed by respondent No.4. In view of the counters filed by the respondents, the cause of action of the petitioners does not survive. Therefore, the same is liable to be dismissed. This Court also directs that if the petitioners are in occupation of the temple land illegally, necessary action may be taken under Section 83 of the Act for evicting the petitioners. The Writ Petition, with the above observations, is accordingly dismissed. There shall be no order as to costs. __________________ (V.V.S.RAO, J) 18.11.2010 vs