IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY MONDAY, THE TWENTIETH DAY OF OCTOBER, TWO THOUSAND EIGHT ONLY WRIT PETITION No.1682 of 2003 Between: Smt. M.Annapoornamma and another. … Petitioners And The Commissioner of Endowments, Tilak Road, Hyderabad and three others. … Respondents Counsel for the petitioners: None Counsel for the respondents: AGP for Endowments for R.1 to R.3. None for R.4. This Court made the following: ORDER:- This Writ Petition is ﬁled for a Writ of Certiorari to quash order dated 3-1-2003 passed by respondent No.1. At the hearing, there is no representation for the petitioners. Heard the learned Assistant Government Pleader for Endowments and perused the record. By order dated 15-6-2002 respondent No.1 directed that an extent of Ac.5.34 cents to be recovered from the possession of petitioner No.1 and handed over the same to respondent No.4, who is found to be actually rendering Archakatvam service in Sri Bramarambika Sametha Sri Mallikarjuna Swamy Temple, Chitram village, Gudlavalleru Mandal, Krishna District, subject to his payment of ten bags of paddy per annum to his mother (petitioner No.1) for her livelihood and also on condition of depositing the amount of Rs.24,568/-, received towards sale of paddy, in long term deposit and to utilize the interest accrued thereon with the permission of respondent No.1. The petitioners herein ﬁled Writ Petition No.11905 of 2002 questioning the said order, which was allowed and the said order was set aside on the short ground that the petitioners were not given notice and heard before the said order was passed. This Court gave liberty to the respondents to hold enquiry after giving an opportunity of being heard both the parties. Purporting to follow the said order, respondent No.1 issued proceedings dated 3-1- 2003, wherein he entrusted the enquiry to the Deputy Commissioner of Endowments Department, Kakinada, with the direction that the founder Trustee of temple is requested to take the harvested crop into his custody and safeguard the same, which will be given to the person legitimately found entitled to receive, after completion of the enquiry. This Court by order dated 3-1-2003 granted a conditional interim order of suspension of the said proceedings, subject to the petitioners depositing Rs.12,000/- with respondent No.2 before harvesting the paddy crop. No counter-aﬃdavits are ﬁled on behalf of the respondents. At the hearing, the learned Assistant Government Pleader for Endowments submitted that the enquiry entrusted to the Deputy Commissioner of Endowments, Kakinada, was already completed. She is, however, unable to state whether any order was passed by respondent No.1 on the report of the Deputy Commissioner of Endowments, Kakinada. If the enquiry was already completed, respondent No.1 should pass an appropriate order on the question as to who is actually rendering Archakatvam of the said temple and entitled to be in possession of Ac.5.34 cents of land. The Writ Petition is, therefore, disposed of with direction to respondent No.1 to pass an appropriate order on the report of Deputy Commissioner of Endowments, Kakinada, within a period of four weeks from the date of receipt of a copy of this order and communicate the same to the petitioners and also to respondent No.4. ------------------------- ----------- C.V.NAGARJUNA REDDY,J Date: 20-10-2008 MNR