IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTH DAY OF AUGUST TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.23266 of 2008 BETWEEN Sri Varasidhi Vinayakaswamy Temple. ... PETITIONER AND The Government of Andhra Pradesh, rep. By its District Collector, Chittoor District and another. ...RESPONDENTS Counsel for the Petitioner: MR. K. SURENDER RAJ Counsel for the Respondents: GP FOR REVENUE The Court made the following order: ORDER: This writ petition is filed one Smt. Chenniammal, W/o. Sambadham Chetty, claiming to be Managing Trustree of the petitioner – temple viz., Chittoor District. The petitioner seeks a direction by way of Mandamus to declare the action of the second respondent in threatening to dispossess her from the land in Sy.No.85/6 admeasuring Ac.0.51 cents situated in Samshabahadurpuet village, Pichatur Mandal, Chittoor District, as illegal and arbitrary. 2. It is the case of the petitioner that her late husband was the owner of the land admeasuring Ac.0.51 cents covered by Sy.No.85/6 and the same was donated to Sri Varasidhi Vinayakaswamy Temple in the year 1985. It is stated that a portion of the land was used for the temple and the remaining land is used as flower garden for the purpose of temple. It is the grievance of the petitioner that though the said land belongs to the temple, the respondents are interfering with her peaceful possession and enjoyment and trying to dispossess her form the said land. 3. A detailed counter is filed by the Tahsildar, Pichatur Mandal, Chittoor District. While denying the allegations made by the petitioner, it is stated that the temple is represented by Dharmakartha only and there is no record to show that the petitioner is a Managing Trustee of the temple. It is further stated that the land covered by Sy.No.85/6 admeasuring Ac.0.51 cents is classified as Government Poramboke in the revenue records and they also dispute the correctness of entries in the Adangal for 1411 Fasli. It is further stated that out of the total land an extent of Ac.0.01½ cents is already covered by temaple and further, an extent of Ac.0.19 cents is also allotted to the temple and the remaining extent of land is allotted for house sites to the weaker sections under the Indiramma Gruha Pathakam. 4. The relief sought for in the writ petition is based on the ground that the late husband of the petitioner donated the aforesaid land to the temple, but the same is not supported by any record and the respondents also dispute stating that the said land is Government Poramboke land as per revenue records. In view of the nature of the dispute and in the absence of recording any evidence, it is not possible for this Court to accept the plea of the petitioner that the land was owned by the late husband of the petitioner. It is also to be noticed that as per the averments of the counter out of Ac.0.51 cents of land, Ac.0.01½ cents of land is covered by the temple and another extent of Ac.0.19 cents is also allotted for temple purpose and the remaining land is allotted to the third parties for the purpose of house sites under the Indiramma Gurha Pathakaham. When such allottees of the house sites are not before this Court and as much as Ac.0.19 cents of land is already allotted to the temple, no relief can be granted as prayed for. The writ petition is devoid of merits and it is accordingly dismissed. There shall be no order as to costs. __________________ R. SUBHASH REDDY, J August 8, 2011 DSK