HON'BLE SRI JUSTICE A.GOPAL REDDY AND HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.6406 of 2009 DT.21.07.2010 N.Surendra Babu and another …Petitioners V. The Government of A.P. and others ..Respondents The Court made the following: HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.6406 of 2009 ORDER: - (Per Hon’ble Sri Justice A.Gopal Reddy) This writ petition is filed by the petitioners in the form of Public Interest Litigation, complaining inaction on the part of the respondents in implementing the order passed by the 6th respondent-the Deputy Commissioner, Endowment Department, Guntur, dated 01.06.2002, in exercise of the powers under Section 85(1) of the A.P.Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short, “the Act”), even after lapse of six years. According to the petitioners, the 7th respondent temple owned vast extents of lands including the lands in survey Nos.1306, 308/2 and 1311/7 of Tangutur village, admeasuring Ac.25-09 cents, which were encroached by the third parties on 31.05.2002. On the Executive Officer of the 7th respondent temple approaching the 6th respondent by filing an application under Section 85 of the Act, the 6th respondent passed an order on 01.06.2002 directing for removal of the encroachments, but so far the said order has not been implemented. The 5th respondent-Assistant Commissioner, Endowment Department, Ongole filed counter stating that after the orders were passed by the 6th respondent, the then Executive Officer of the temple and the Assistant Commissioner, Endowments Department, Ongole have initiated action to implement the orders, but as there is some law and order problem, the Revenue Divisional Officer, Ongole made discussion with the encroachers on the instructions of the District Collector who agreed to vacate the land by providing alternative land to them. The Revenue Divisional Officer submitted proposal for acquisition of the land measuring Ac.49-63 cents pertaining to Sri Nageswara Swamy and Sri Chennakesava Swamy Temples, Tanguturu and obtained consent from the Commissioner, Endowments Department. But the said land could not be allotted to the encroachers due to some litigation pending in W.P.Nos.19245, 19346 and 22372 of 2002 filed by the sitting tenants of the land. The said writ petitions were dismissed in the year 2008 and after dismissal of the writ petition filed by the sitting tenants, the Revenue Divisional Officer made payment of 80% of the land cost to the temple. On 08.07.2009 the land of Ac.25-09 cents, which is the subject matter of the writ petition, has been taken possession by removing the encroachments with the help of the police and revenue officials. The land was handed over to the Executive Authority of the temple, who leased out the land in public auction for lease on 23.07.2009 and secured Rs.1,20,000/- for the years 2010-2011 and that public auction was conducted on 09.06.2010 and where the highest bidder offered Rs.2,55,100/- as lease amount and the entire land admeasuring Ac.25- 09 cents is now in the possession of the temple. The 3rd respondent-Superintendent of Police, Prakasam District also filed a counter stating that the force of Prakasam District has been deployed to remove the encroachments on 08.07.2009 and since the encroachers have already agreed to vacate the land, no untoward incidents happened and the order of the Deputy Commissioner of Endowments, dated 01.06.2002, has been complied with. In view of the compliance of the order passed by the 6th respondent, dated 01.06.2002, no further cause survives in the writ petition. Writ petition is accordingly disposed of, recording the compliance report stated by the respondents. ________________ A.GOPAL REDDY, J ____________ K.C.BHANU, J 21ST July 2010 lmv