THE HON’BLE SRI JUSTICE N.V. RAMANA W.P. No. 25739 of 2009 Oral order: By this writ petition, the petitioners seek to declare the impugned notice dated 29.10.2009, issued by respondent No.5, namely the Manager, Macherla Group of Temples, Macherla Village and Mandal, Guntur District, as illegal and arbitrary and being without jurisdiction. The petitioners state that they are the absolute owners of the land in question, having purchased the same from their vendors under registered sale deeds dated 27.12.2007 by paying valuable sale consideration, and that since the date of the purchase, they are in possession and enjoyment of the same. While so, the petitioners state that respondent No.5 under the instructions of respondent No.3 issued the impugned notice, stating that the land in question belongs to respondent No.5 and as they have encroached the land belonging to respondent No.5 and raised constructions therein, called upon them to voluntarily remove the encroachments. Questioning the said notice, the petitioners filed the present writ petition. On 26.11.2009, this Court while ordering notice before admission, granted order of status quo for a period of three weeks and later extended it by another eight weeks. Praying to vacate the said status quo order, respondent No.5 vacate stay petition supported by counter affidavit. It is stated that Katarumill Gandhipathi Swamy Temple, which is also called Sri Vigneswara Swamy Temple, is part of Macherla Group of Temples, and that it is a Temple notified under Section 6-C of the Act, vide proceedings dated 12.11.1987 of the Commissioner of Endowments. It is stated that the Temple is the absolute owner of the land in question admeasuring Acs. 3.30 cents i.e Acs. 0.77 cents in Sy. No. 390 and Acs. 2.53 cents in Sy. No. 393 of Maherla Municipality, as is evident from 10(1) Adangal. The Special Deputy Collector, Land Protection Cell, Multi Zone-II, Tirupati, after inspecting the Permanent Register (A-Register), which is in two volumes, in Macherla Tahsildar’s Office, identified the lands belonging to various temples, including the land in question, which is under encroachment of the petitioners. It is further stated that the petitioners have themselves admitted the fact that they have purchased the land belonging to the temple without verifying as to who is the owner thereof, and they have also given undertaking that they will remove the encroachments. The learned counsel for the petitioners submitted that under Section 83 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (hereinafter referred to as ‘the Act’), the Assistant Commissioner having jurisdiction, either suo motu or upon complaint made by the Trustee as to any illegal encroachment of temple land, has to submit a report to the Deputy Commissioner, who upon being prima facie satisfied, can issue show cause notice to the encroachers, requiring them to remove the encroachments. Hence, he submitted that the impugned notice issued by respondent No.5, who is the Manager of a Group of Temples, is without jurisdiction, and prayed that the same be quashed. The learned Government Pleader for Endowments appearing on behalf of the respondents did not dispute the legal position, and submitted that the impugned notice issued by respondent No.5 be set aside and the respondents be given liberty to proceed against the petitioner as per the provisions of Section 83 of the Act. In view of the above legal position, the impugned notice issued by respondent No.5, being without jurisdiction, cannot be sustained, and is accordingly set aside. If according to respondent No.5, the land in question is temple land, he is at liberty to make a complaint to the Assistant Commissioner concerned, as provided under Section 83 of the Act, and thereafter, the Assistant Commissioner concerned, shall submit report to the Deputy Commissioner Concerned, to enable the Deputy Commissioner concerned, to take further action thereof. With the above directions, the writ petition is disposed of. No costs. ________________ N.V. RAMANA, J. Dated: 17th June, 2010. KSR