THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.18466 of 2011 Date: 04.07.2011 Between: Nesha Ramulu … Petitioner and The Joint Commissioner, Endowments Department, O/o. Commissioner of Endowments, Tilak Road, Hyderabad and others. … Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.18466 of 2011 ORDER : Heard Sri N. Ashok Kumar, learned counsel appearing for the petitioner, as well as the learned Government Pleader for Endowments appearing for respondent Nos.1 and 2, and the learned Government Pleader for Revenue appearing for respondent Nos.3 to 5. 2. This writ petition has been filed impugning (1) the proceedings of the 1st respondent-Joint Commissioner of Endowments Department, Hyderabad, in L.Dis.No.M1/6509/ 2011, dated 3.6.2011, (2) order of the 3rd respondent-Joint Collector, Mahabubnagar, in Appeal No.F2/8/2001, dated 5.3.2005, as arbitrary and illegal, and (3) for a consequential direction not to dispossess the petitioner from the subject premises. 3. By the impugned orders of the 1st respondent dated 3.6.2011, the application filed by the petitioner seeking No Objection Certificate (NOC) in respect of the land to an extent of Ac.0-30 guntas in Sy.No.337, situated at Kistareddypet, H/o. Chilmilla Village, Pebbair Mandal, Mahabubnagar District, as private patta land has been rejected. The impugned order dated 5.3.2005 was passed by the 3rd respondent on an appeal filed by the then Executive Officer of the Group of Temples of Wanaparthy, Mahabubnagar District, against one Sampath Kumara Chary, s/o. Veera Raghava Chary, Archaka of Sri Venugopala Swamy Temple, Chelmilla village, Pebbair Mandal, whereby the Occupancy Rights Certificate (ORC) obtained by the said person under the provisions of the Andhra Pradesh (T.A.) Abolition of Inams Act, 1955 was cancelled holding that the suit lands belongs to the temple. 4. It is the case of the petitioner that out of the total extent of Acs.2.26 guntas of land in Sy.No.337, situated at Kistareddypet, H/o. Chelimilla Village, Pebbair Mandal, Mahabubnagar District, he purchased an extent of Ac.0.39 guntas from the original owner Sampath Kumara Chary through a sale deed dated 1.2.1992 and thereafter got it validated under the provisions of A.P. Rights in Land and Pattadar Pass Books Act, 1971. He obtained a certificate of validation vide orders of the Mandal Revenue Officer, Pebbair Mandal, in proceedings No.6A/13/94, dated 18.4.1994 and got mutated his name in the revenue records. He approached the 1st respondent by filing a representation dated 6.4.2011 claiming that the said land is his patta land and sought for NOC to the said effect. On consideration of the said representation, through the impugned order dated 3.6.2011 the 1st respondent rejected the claim of the petitioner and directed the Executive Officer of the subject temple to take possession of the land and lease out the same in public auction. Aggrieved by the same, the petitioner has filed the present writ petition for the aforesaid relief. 5. Various contentions have been raised asserting that the petitioner is the absolute owner of the subject land and the said land does not belong to the temple and the orders dated 5.3.2005 obtained by the then Executive Officer of the temple from the 3rd respondent are not legal and valid. 6. I am not inclined to enquire into any of the aforesaid contentions raised for the simple reason that the petitioner has not impleaded the subject temple i.e., Sri Venugopala Swamy Temple, Kistareddypet, H/o Chelimilla Village, Pebbair Mandal, Mahabubnagar District, in whose favour the impugned orders have been passed, as a party-respondent to this writ petition. The said temple is a proper and necessary party in the absence of which the matter cannot be considered. 7. Accordingly, the writ petition is dismissed for non- joinder of necessary parties. No order as to costs. ________________________ JUSTICE NOUSHAD ALI 04.07.2011. Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.18466 of 2011 04.07.2011 (Msr)