IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SECOND DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 3659 of 2008 Between: Sri Venu Gopala Swamy Temple Garikaparru,Rep.by its Founder Trustee, Sri G.Venu Gopala Rao S/o.Garikaparu(V) Totalavallu(M) Krishna Dist ..... PETITIONER AND The Grampanchayat Gariakapru(V) Rep.by its Secretary Garikaparru(V) Totalavalluru(M) Krishna Dist .....RESPONDENT 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 isseu a writ,order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondent in trying to dispossess the petitioner from the flower garden land an extent of 0.12 cts belongings to the petitioner institution situated at Garikaparru(V) Thotlavalluru(M) Krishna Dist without following due process of law ie without acquiring the land under Land Acquisition Act,1894 and pay compensation and consequetly declare the action of repondent in proposing to construct a water cure plant the land at Flower Garden of the petitioner instutitution as illegal untenable and arbitrary and pass Counsel for the Petitioner:MR.P.SRI RAGHU RAM Counsel for the Respondent: MR.M.PRABHAKAR RAO The Court made the following : ORDER: The petitioner-institution seeks a writ of mandamus declaring the action of the respondent in trying to dispossess it from the flower garden land of an extent of Ac.0.12 cents situated at Garikaparru village, Thotlavalluru Madnal, Krishna District without following due process of law and consequently to declare the action of the respondent in proposing to construct a water cure plant in the said land, as illegal and arbitrary. The petitioner-Sri Venugopala Swamy Temple represented by its founder trustee Sri G.Venugopala Rao submits that the petitioner’s institution was recognized and notified as endowment institution by the Endowments Department under the provisions of A.P. Charitable and Hindu Religious Institution Act, 1987. The said temple is managed by founder family member and had acquired Ac.20.00 cents of land and one Archaka was appointed by the Endowments Department. It is further stated that the said institution had land of an extent of Ac.0.12 cents adjacent to the temple land in which a flower garden has been raised by constructing compound wall also. It is stated that the Gram Panchayat wants to construct a water pure plant in the land of the petitioner’s institution without following due process of law. Endowment lands will not vest with the Gram Panchayat. If the Gram Panchayat requires the land of any private individual or institution, unless due course of action has been taken either for acquiring the said land or requesting them to give consent to make use of the land for the public purpose, the Gram Panchayat cannot interfere or take away the portion of the land belonging to the petitioner’s institution. Having regard to the facts of the case, the writ petition is disposed of directing the respondent not to dispossess the petitioner-institution from the said land without following due process of law. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:22.02.2008 Ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{BMR}