HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PEITITON No. 16622 OF 2002 Dated 27th January, 2010 Between: Garikapati Narasimha Rao ………Petitioner And The Executive Officer, Sri Lakshmi Narasimha Swami Temple, Mangalagiri, Guntur District and three others ………..Respondents Counsel for the petitioner : Sri A. Gopalakrishnama- charyulu for Sri A. Ravi Shankar Jandhyala Counsel for the respondents : None appeared The Court made the following ORDER: This writ petition is filed for a mandamus to set aside proceedings dated 21-08-2002 issued by respondent No.4, whereby he prevented the petitioner from interfering into an extent of Ac.5.05 cents of land in Survey No.111 of Krishnayapalem Village, Mangalagiri Mandal belonging to respondent No.1 – temple of which he is a tenant. I have heard Sri A. Gopalakrishnamacharyulu, learned counsel for the petitioner and perused the record. A reading of the impugned order shows that in view of the disputes persisting between the petitioner on one side and his two brothers on the other in respect of the above mentioned land, respondent No.4 exercised his powers under Section 145 of the Code of Criminal Procedure and directed both the parties not to enter the above land and cultivate the same till the dispute is settled by the competent Court of law. At the hearing, the learned counsel for the petitioner placed before me judgment and decree dated 22-04-2003 in O.S No. 263 of 2002 on the file of the Principal Junior Civil Judge, Mangalagiri, wherein the said suit filed by the petitioner for permanent injunction has been decreed against Garikapati Nageswara Rao and three others. Though respondent No.1 was impleaded as a party, no relief was granted against him as the petitioner has not claimed any relief against him. The learned counsel also placed before me proceedings dated 21-10-2003 of the Assistant Commissioner, Endowments Department, whereunder the petitioner was recognised as landless poor person under Section 82 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987. This material clearly shows that the petitioner’s right to enjoy the above mentioned property has been declared by the competent civil Court and his status as landless poor person has also been recognised by the Endowments Department. Therefore, the impugned order dated 21-08-2002 which was to last till the matter is settled by a competent Court ceases to be in force with the decree passed by the civil Court and has consequently become unenforceable. Subject to the above observations, the writ petition is disposed of. C.V. NAGARJUNA REDDY, J Dated: 27th January, 2010 ks