IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 24138 of 2008 Between: 1 T.Sharabaiah Goud S/o Late V.Shivaramulu,Goud Boothpur(V) & (M) Mahabubnagar District 2 T.Laxmamma, W/o. T.Sharabaiah Goud, Boothpur(V) & (M) Mahabubnagar District 3 T.Narender Goude, W/o. T.Sharabaiah Goud, Boothpur(V) & (M) Mahabubnagar District ..... PETITIONER(S) AND 1 The Revenue Divisional Officer, Mahabubnagar Division Mahabubnagar Dist 2 The Tahasildar Boothpur(M) Mahabubnagar Dist 3 The Western Andhar Pradesh Toll Ways Ltd Rep.by its Manager H.No15-190 Inspection Bangla kawarampet.Jadcherla(M)Mahabubnagar Dist 4 The Sarpanch Boothpur(V)&(M) Mahabubnagar District 5 The Chairman Sanjeevara Temple rep.by its By L.Kishan Rao Bhotthpur V&M Mahabubnagar District .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue writ order or direction more particularly one in the nature of writ of Mandamus by declaring the action of the respondents in shifiting Sri Anjaneya Swamy Temple( Sanjeevaraya Temple) from exsting place ie Sy No.71 into petitioners and ie Sy No.70,70/U & 70/UU of Boothpur(V) of Mahabubnagar District is as illegal arbitrary without jurisdiction and against the principles of natural justice and violation of Article 300(A) of the Constitution of India and pass Counsel for the Petitioner:MR.K.VENKATA REDDY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : Oral order: The writ petition is filed alleging that the potential action of the respondents in attempting to shift Sri Anjaneya Swamy Temple (Sanjeevaraya Temple) from the existing location in Sy.No. 71 of Boothpur Village of Mahaboobnagar District on to the petitioners land in Sy.No. 70, 70/U and 70/UU of the same village without any authority, is illegal and for appropriate direction to the respondents in this regard. According to the petitioners, on account of the widening of the Bangalore National Highway (NH7), the Temple which is abutting the National Highway is sought to be shifted on to the petitioners own land, in which they have a rice mill, without following the due process of law either by acquiring their land or in any other lawful manner. It is required to be noticed that the petitioners have impleaded neither the Union of India nor the State of Andhra Pradesh as the respondents in this writ petition. They merely impleaded the Revenue Divisional Officer, Mahaboobnagar, the Tahasildar, Boothpur Mandal, the L & T Western Andhra Toll Ways Ltd., the Sarpanch of Boothpur village and the Chairman of Sanjeevaraya Temple. As no relief is sought against the State or an instrumentality of the State, the writ petition is misconceived, also the petitioners have an alternative remedy to approach the civil court of competent jurisdiction for an injunctive relief, if there being any attempt by any person, whether the State or an instrumentality of the State, to interfere with the lawful possession of the petitioners over their land. On the aforesaid analysis, the writ petition is dismissed. The petitioners are however, at liberty to pursue appropriate alternative remedy. No costs. ________________________ GODA RAGHURAM, J 28th April, 2009. GRR