HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.4785 of 2009 ORDER: The petitioners are residents of Mulagapudi Bennavaram Village, Nathavaram Mandal and Baligattam V i l l a g e , Narsipatnam Mandal respectively of Visakhapatnam District. It is stated that way back in the year 1946, one Sri Appala Naidu Sirasapalli donated an extent of about Ac.50.00 of land in favour of one Sri Swamy Chidgaganananda Maharshi, the founder of Sri Brahmananda Ashram. The petitioners state that the Maharshi passed away in the year 1969 and since he did not execute any will or other document, the property vested in the Government as escheat. The petitioners contend that in case, the property vests in the Government as escheat, it would be available for distribution to them and other land less poor. They complain that respondents 5 and 6 are taking steps to grant leasehold rights over the said land. Heard the learned counsel for the petitioners and the learned Government Pleader for Endowments. Even according to the petitioners, respondents 5 and 6 are exercising certain rights over the land referred to above. In case, the petitioners want the legal character of the land to be decided, they have to institute proceedings under Section 87 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short ‘the Act’). The provision specifically empowers the Deputy Commissioner of Endowments or the Court constituted under it, to decide the nature and character of the land. The remedy of appeal to a civil Court is also provided. The conducting of enquiry under the A.P. Escheats and Bona Vacantia Act, 1974 Act would become untenable, particularly when one of the Departments of the Government is claiming rights over the land. Therefore, the writ petition is disposed of leaving it open to the petitioners to avail the remedy under Section 87 of the Act. There shall be no order as to costs. _________ 12.03.2009 JSU HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.4785 of 2009 Date: 12.03.2009 JSU