THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.1492 of 2010 ORDER: The petitioner challenges the proceedings, dated 26.12.2009, issued by the Tahsildar, Pamidimukkala Mandal, the 1st respondent. Through the said proceedings, he directed that the water-body in survey No.124/28 admeasuring Ac.0.64 cents of Dhulipudi Village, Pamidimukkala Mandal, Nellore District, be taken possession of by the Village Revenue Officer, till the verification, by the Additional Revenue Inspector into the matter, is concluded. The petitioner asserts that there were pits in his patta land, and when there was some resistance by private individuals, he filed O.S.No.316 of 2002 in the Court of Junior Civil Judge, Gannavaram, and that the order of temporary injunction granted in this is in force. Learned counsel for the petitioner submits that the impugned order is without jurisdiction. Learned Government Pleader for Revenue, on the other hand, submits that the impugned proceedings by itself do not determine any rights of any parties and they are issued only to protect the public property. It is true that the impugned order does not refer to any provision of law, nor does it contemplate any enquiry. By making reference to O.S.No.316 of 2002 and complaint received by villagers to the effect that the water-body owned by the Temple is being used by the petitioner, the 1st respondent directed certain measurements. This Court is of the view that the impugned order can be treated as a show cause notice, requiring the petitioner to place before the 1st respondent, the documents pertaining to his right or claim, vis-à-vis the water-body. In case, it emerges that it is patta land of the petitioner, the matter ended at that. On the other hand, if it emerges, at least, prima facie, that the water-body belongs to the Temple, the authorities under the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987, have to initiate proceedings. It is only when the records disclose that the property belongs to the Government, that the 1st respondent can initiate proceedings under the Land Encroachment Act or any other provision of law. Till such time, the right of the petitioner to enjoy the tank cannot be interfered with, particularly when an order of temporary injunction is existing in his favour. Hence, the Writ Petition is disposed of, directing that, a) the impugned order shall be treated as a show cause notice, requiring the petitioner to place the relevant material in support of his right or claim of the property in question; b) if it emerges that the land is held patta by the petitioner, the further proceedings shall be dropped and if the property is found to be owned by the temple in the Village, it shall be open to the authorities under the Endowments Act to initiate proceedings; c) the Tahsildar shall be competent to proceed further against the petitioner, if only it is established that the land belongs to the Government; d) till such verification is done, the right of the petitioner to use the tank shall not be interfered with. There shall be no order as to costs. _____________________ L. NARASIMHA REDDY, J. Dt.02.02.2010. GJ THE HON’BLE MR JUSTICE L. NARASIMHA REDDY The Registrar (Vigilance) has placed the information sought for by this Court through order, dated 29.01.2010. It is found that I.A.No.942 of 2002, which was filed on 21.11.2002, was allowed on the next day, i.e. 22.11.2002. The explanation may be called from the concerned officer, after obtaining necessary directions from the Administrative Committee. The instructions shall also be issued to the Court of Junior Civil Judge, Gannavaram, to expedite disposal of O.S.No.316 of 2002. _____________________ L. NARASIMHA REDDY, J. Dt.02.02.2010.