IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO and THE HON'BLE MR JUSTICE R. KANTHA RAO WRIT APPEAL NO : 907 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 25/01/2008 in WP No:25000 OF 1999 on the file of the High Court.) Between: S.V.Koteswara Sarma S/o.Madhavaiah @ Madhavarao Archakatwam in Sri Someswara Swamy Temple Bapatla,Guntur District ..... APPELLANT AND 1 The Government of AP., rep. by its Secretary Revenue (Endowment Department), Secretariat, Hyderabad 2 The Commissioner, Endowments Departments Tilak Road,Hyderabad 3 The Dy. Commissioner, Endowments Department Tilak Road, Hyderabad 4 The Executive Officer, Sri Someswara Swamy Temple Bapatla, Guntur District 5 The Mandal Revenue Officer, Bapatla , Guntur District .....RESPONDENTS Counsel for the Appellant: MRP.RAJASEKHAR Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following : JUDGMENT: (per the Hon’ble Sri Justice B. Prakash Rao) Heard both sides and at their request, the main appeal itself is taken up for final disposal. The appellant is the unsuccessful petitioner, who filed the writ petition inter alia seeking a Writ of Mandamus assailing the notiﬁcation dated 05.03.1999 in M2/3354/99-1 issued by respondents 1 and 2 under Section 80 (1)(b) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short ‘the Endowments Act’) for alienation of the petitioner’s land to an extent of Ac.4.39 cents in S.No.1004/3 of Bapatla Town, Guntur District. The case of the appellant/writ petitioner is that he being an Archaka of Sri Someswara Swamy Temple, Bapatla, is in possession of the land admeasuring Acs.1.40 (out of Acs.4.39) in S.No.1004/3 of Bapatla Town, Guntur District. He alleges that the land was given to him as inam burdened with service to the Temple. The Executive Oﬃcer of the Temple sought permission from second respondent to sell the land to Government of Andhra Pradesh in Revenue Department by negotiations, for the purpose of providing house sites to weaker sections. The second respondent issued notice dated 05.03.1999 under Section 80(1)(b) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short ‘the Endowments Act’) inviting objections for such sale. The petitioner got issued reply through lawyer alleging that he was given 1/3rd share of the land for the purpose of rendering Nithya Dhoopa Deepa Naivedyam. When the Revenue Authorities tried to dispossess the petitioner, he filed the above writ petition. The learned Single Judge relied on a decision of the Supreme Court in A.S. Narayana Deekshitulu v. State of A.P.[1] wherein it has been laid down that unless and until a proper scheme is made by the Government for payment of salaries to Archakas rendering service in religious institutions, such Archakas are entitled to retain the land, if they are in possession of the land belonging to religious institution. The right of Archakas to retain the land belonging to the Temple is a limited right and the same does not divest the State from exercising its power of eminent domain. However, the learned Single Judge after hearing the counsel appearing on both sides, and having regard to the fact that the said land was already acquired for the above said purpose under the provisions of the Land Acquisition Act, 1894, no further orders are necessary and dismissed the writ petition with a liberty to the appellant herein to approach the Land Acquisition Oﬃcer, if the Award is not passed and seek apportionment of compensation, if law permits such entitlement to him. Having heard the learned counsel appearing on both sides and also perusing the material available on record, we are of the view that the appellant herein has to challenge the land acquisition proceedings rather than the proceedings issued under the Endowments Act. It is his case that the possession has not been taken and no panchanama has been conducted in pursuance of the proceedings issued under the Land Acquisition Act and therefore, he is continues to be in possession and enjoyment of the land. In view of the same, the appellant is at liberty to approach the appropriate forum in accordance with law following the observations already made by the learned Single Judge. With the above observation, the Writ Appeal is dismissed. No costs. ____________________ (B. PRAKASH RAO, J.) ___________________ (R. KANTHA RAO, J.) 16th September, 2008 Js. .......REGISTRAR To 1 The Government of Andhra Pradesh, Rep. by it's Prl. Secretary, Revenue (K) Department, Secretariat, Hyderabad, 2 The District Collector, Vizianagaram, 3 The Vice Chairman, V.U.D.A. Visakhapatnam, 4 The Spl. Deputy Collector, Cum and Acquisition Officer, V.U.D.A. Visakhapatnam, 5 The Revenue Divisional Officer, Vizianagaram, 6 2 CCs to G.P. for Revenue, High Court of A.P. Hyderabad. (OUT) 7 2 CD copies Form-NIC-OGS/WA {RS} [1] (1997) 5 SCC 376