IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE NINTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No. 14301 of 2008 Between: M/s. Sri Varasiddi Vinayaka Dalitha Sathram Samakshema Kamiti (Regd) rep. by its President Sri R. Rajkumar S/o. P.S. Raman, aged 39 yrs Kanikpakam Village & Post, Iralamandam, Chittoor District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep. bys its Principal Secretary, Endowment Department, Secretariat, Hyderabad. 2 The Executive Officer, Sri Varasiddhi Vinayakaswamy Temple, Kanipakam Village, Irala Mandal, Chittoor District. .....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 an appropriate writ order or direction more particularly one in the nature writ of Mandamus, declaring the action of the respondents in trying to dispossess petitioner from shops situated in Sy.No. 313/5, Kanipakam , Irala Mandal, Chittoor District without issuing any notice or opportunityu without following the due process of law as being illegal, arbitrary and unjust and consequently direct the respondents not to dispossess petitoner from his shops, or demolish the same without following the due process of law and pass such other and further order or orders. Counsel for the Petitioner: MR.P.HEMACHANDRA Counsel for the Respondents: GP FOR ENDOWMENTS The Court made the following ORDER: The petitioner is a society, which was formed in the year 2005 said to be for the beneﬁt of Daliths in and around Kanipakam Village, Irala Mandal, Chittoor District. Its grievance is that an extent of Ac.0.5 cents of land in Survey No.313/5, adjacent to the chariot of the Temple at Kanipakam is said to be forcibly taken by the second respondent and it seeks a writ of mandamus to declare the action of the respondents in trying to dispossess it from the land, as illegal and arbitrary. The petitioner pleads that a representation, dated 15.05.2008, was made to the second respondent expressing its willingness to handover the site in question, in case alternative suitable premises are provided to it. It is alleged that no action has been taken thereon. On behalf of the respondents, a counter-aﬃdavit is ﬁled stating that various structures, such as houses and shops in Kanipakam Village which existed between diﬀerent temples in that Village have been acquired or purchased as per the advice given by the sewers. Ac.0.5 cents is the only piece of land left over. Reference is also made to the correspondence, which is to the eﬀect that the authorities are willing to provide alternative site or structures to the petitioner. Heard the learned counsel for the petitioner, the learned Government Pleader for Endowments and the learned Standing Counsel for the second respondent. The right of the petitioner over the land in question is not in serious dispute. The respondents state that Ac.0.5 cents of land which is in enjoyment of the petitioner is immediately needed for performing various functions in the temple complex. As a matter of fact, the petitioner also expressed its willingness to part with the land, but has only made a request that alternative site or structures be handed over to it. The request cannot be said to be unreasonable. For the foregoing reasons, the writ petition is disposed of, directing that in case respondents 1 and 2 intend to take possession of the land of Ac.0.5 cents in Sy.No.313/5, they shall oﬀer and handover alternative site, together with the probable cost for construction of any building thereon. At this stage, it is represented that the land is immediately needed for Brahmosthavams to be held from 03.09.2008 to 23.09.2008. The cite in question is not covered by any permanent structures and only thatched roof is laid on wooden poles. Having regard to the immediate necessity of the premises, it is directed that as and when the second respondent makes a deposit of Rs.10 lacs in joint account in the name of Devasthanam and the petitioner-society, it can assume possession of the land, duly handing over the structures and belongings to the petitioner. The manner in which the amount shall be dealt with, shall be decided by the respondents, within a period of two months from today. There shall be no order as to costs. __________________ L.NARASIMHA REDDY,J Dt:06.09.2008. kdl