IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO : 14024 of 2009 Between: 1 Iska Galimalla Reddy S/o. Roshi Reddy Siva Puram,Vinukonda (M) Guntur District 2 Merugu Rami Reddy S/o Galinga Reddy Siva Puram,Vinukonda (M) Guntur District ..... PETITIONER(S) AND 1 The Government of Andhra Pradesh rep.by its Secretary Revenue(Endowments Department) Secretariat Buildings, Hyderabad 2 The Commissioner of Endowments Boggukulakunta,Tilak Road Hyderabad 3 The District Collector Guntur District 4 The Dy Commissioner of Endowments Guntur District 5 The Tahasildar Vinukonda,Guntur District 6 The Assistant Commissioner Endowments, Guntur District 7 Sri Sidda Malleswara Swamy Temple Rep. by its Chairman of Trust Board S.Sri Nageswara Rao S/o.Kotilingam, Sivapuram(V) Vinukonda(M) Guntur 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 pass orders particularly one in the nature of writ of Mandamus or any other appropriate writ, order or direction declaring the impugned Notification dt 3-7-2009 issued by the 7th respondent as arbitrary illegal, discriminatory malafide and contrary to orders in W.P.M.P No.24631/2008 in W.P No.18918/2008 dt 16-9-2008 and violative of Art 14 and 21 of the constitution of India and set aside the same. Counsel for the Petitioner:MR.KASAJAGANMOHAN REDDY Counsel for the Respondent No.: GP FOR ENDOWMENTS WRIT PETITION NO : 14183 of 2009 Between: Berella Subbaiah S/o. Yerra Pitchaiah R/o. Sivapuram Village, Vinukonda Mandal, guntur District. ..... PETITIONER AND 1 The REgional Joint Commissioner, Multi Zone-II, Tirupathi, Chittoor District. 2 The Deputy Commissioner of Endowments, guntur, guntur District. 3 The Executive Officer, Sri. Siddamalleswara @ Chenna Malleswara @ Ramalingeswara Swamy Temple, Siva Puram, Vinukonda Mandal, guntur District. 4 Sri. Siva Puram Nageswara Rao S/o. Koti Lingam @ Ramalingeswara Swamy Temple, Siva Puram, Vinukonda Mandal, Guntur 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 issue a writ order or direction more particularly in the nature of writ of Mandamus or any Appropriate Writ by declaring the Impugned Public Notice issued by the Fourth Respondent Dated 03.07.2009 for Conducting Public Auction of the lease hold rights of the lands mentioned in the notification, including the land of the Petitioner in an extent of Ac. 2.00in Sy.No. 41 of the Siva Puram Village, Vinukonda Mandal, guntur District, is illegal and violation of Principles of natural justice and without any jurisdiction, Counsel for the Petitioner:MR.S.SATYANARAYANA MOORTHY Counsel for the Respondent No.: GP FOR ENDOWMENTS WRIT PETITION NO : 14229 of 2009 Between: 1 Perusomula Seshaiah, S/o. Bhavanulu @ China Ramaiah, Hindu, R/o. Sivapuram Village, Vinukonda Mandal, Guntur District. 2 Merugu Lakshmi Reddy, S/o. Pitchi Reddy, Hindu, R/o. Sivapuram Village, Vinukonda Mandal, Guntur District. 3 Gade Gurava Reddy, S/o. Gurava Reddy, Hindu, R/o. Sivapuram Village, Vinukonda Mandal, Guntur District. 4 Meru Malla Reddy, S/o. Chiuna Venkata Subba Reddy, Hindu, R/o. Sivapuram Village, Vinukonda Mandal, Guntur District. 5 Achuta Gurnadha Rao, S/o. Venku, Hindu, R/o. Sivapuram Village, Vinukonda Mandal, Guntur District. 6 Merugu Malla Reddy, S/o. Vengala Reddy, Hindu, R/o. Sivapuram Village, Vinukonda Mandal, Guntur District. 7 Merugu Venakteswara Reddy, S/o. Vengala Reddy, Hindu, R/o. Sivapuram Village, Vinukonda Mandal, Guntur District. 8 B. Peda Ramanjaiah, S/o. Polaiah, Hindu, R/o. Sivapuram Village, Vinukonda Mandal, Guntur District. ..... PETITIONER(S) AND 1 The Regional Joint Commissioner, Multi Zone-II, Tirupathi, Chittoor District. 2 The Deputy Commissioner of Endowments, guntur, guntur District. 3 The Executive Officer, Sri. Siddamalleswara @ Chenna Malleswara @ Ramalingeswara Swamy Temple, Siva Puram, Vinukonda Mandal, guntur District. 4 Sri. Siva Puram Nageswara Rao S/o. Koti Lingam @ Ramalingeswara Swamy Temple, Siva Puram, Vinukonda Mandal, Guntur 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 issue a writ order or direction more particularly in the nature of writ of Mandamus or any Appropriate Writ by declaring the Impugned Public Notice issued by the Fourth Respondent Dated 03.07.2009 for Conducting Public Auction of the lease hold rights of the lands mentioned in the notification, including the land of the Petitioner in D.Nos. (Sy.NOs) 3,14,16,21,60,64 of the Siva Puram Village, Vinukonda Mandal, guntur District, is illegal and violation of Principles of natural justice and without any jurisdiction, Counsel for the Petitioner:MR.S.SATYANARAYANA MOORTHY Counsel for the Respondent No.: GP FOR ENDOWMENTS The Court made the following : COMMON ORDER:- Inasmuch as these three writ petitions are inter-connected and the dispute involved is also one and the same, they are being disposed of by this common order. The petitioners assert that they purchased various extents of agricultural lands situated in Sivapuram village, Vinukonda Mandal, Guntur District under different registered sales deeds, and subsequently, their names were entered in the revenue records, and claim that they are in possession and enjoyment of the same. While so, the 4th respondent- Sivapuram Nageswara Rao, representing Sri Siddamalleswara Swamy Temple in W.P. Nos.14183 and 14229 of 2009 and the 7th respondent in W.P. No. 14024 of 2009 claiming that the lands in question belong to Endowments Department, filed W.P. No.18918 of 2008 without impleading the petitioners as party respondents therein, and this Court, by an interim order dated 16.09.2008 passed in W.P.M.P. No.24631 of 2008, directed the Asst. Commissioner of Endowments to take steps for identification of the lands in question, resume possession of the lands from the encroachers and then take steps for execution of necessary documents to continue them as lessees for a period of two years, in case the existing occupants of the lands express their willingness to continue in possession. The petitioners state that they filed applications in W.P. No.18918 of 2008 seeking their impleadment as necessary parties, and according to them, they have already filed civil suits, which are pending. Now, the petitioners’ grievance is that the 4th respondent-Temple issued the impugned Notice dated 03.07.2009 proposing to conduct public auction of the leasehold rights of the lands in question including those of petitioners. When these matters are taken up for hearing, the learned Standing Counsel for Endowments submits that the 4th respondent-Temple has no objection to execute lease deeds in favour of the petitioners for a period of two years subject to payment of prevailing market rent. The learned counsel for the petitioners agreed to take the lease for a period of two years, but submitted that the lease to be taken by the petitioners, shall not affect their right with respect to the title dispute raised by them in the suits already filed by them and which are pending before the competent civil Court. In view of the agreed stand taken by both the learned Standing Counsel for Endowments and the learned counsel for the petitioners, this Court is inclined to dispose of the writ petitions with the following directions: “The 4th respondent, Sivapuram Nageswara Rao, who is representing Sri. Siddamalleswara Swamy Temple in W.P. Nos.14183 and 14229 of 2009 and the 7th respondent in W.P. No.14024 of 2009 is hereby directed to execute lease deeds in favour of the petitioners as per the prevailing market rate if they come forward for taking the lease at that rate. Insofar as the right, title and interest of the petitioners in respect of the lands in question are concerned, the same would be subject to the outcome of the suits that are pending adjudication before the trial Court. The learned Standing Counsel for Endowments submits that the suits filed by the petitioners before the trial Court are not maintainable. This issue cannot be adjudicated in these writ petitions and the 4th respondent is at liberty to raise all the objections, which he is entitled to, before the trial Court. With the above observations, the writ petitions in W.P. Nos.14024, 14183 and 14229 of 2009 are disposed of. No costs. _______________ N.V. RAMANA, J 16th July, 2009. bcj