THE HON’BLE SRI JUSTICE N.V. RAMANA W.P. No. 8671 of 2009 Oral order: By this writ petition, the petitioners are seeking declaration, declaring the action of respondent Nos. 7 to 9 in proposing to make constructions in the land in an extent of 1311 Sq.yds., bearing D. No. 1-2 & 1-1, Dandu Malkapurm village, Choutuppal Mandal, Nalgonda District, as illegal and arbitrary and violative of the provisions of A.P. Panchayat Raj, 1994 and A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987, and consequently direct them not to make any construction in the said land. The petitioners state that one Smt. Amrutamma had constructed a Satram (Rest House) in the land in question, and that the property vests in the Endowments Department as per the provisions of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (hereinafter referred to as ‘the Endowments Act’). The Satram now has become old and is in dilapidated condition. While so, respondent Nos. 7 to 9, who have no manner of right over the land, are proposing to construct a Community Hall in the land, and to substantiate that respondent Nos. 7 to 9 are proposing to make constructions, filed the plans/sketches etc. The petitioners state that respondent No.7, who is the Sarpanch of the village, in the guise of constructing Community Hall, is trying to knock away the land belonging to the Endowments Department, which cannot be permitted. This Court on 29.04.2009, while admitting the writ petition, granted interim directions directing respondent Nos. 7 to 9 not to make any constructions in the land in question. Praying to vacate the said order, respondent No. 8, namely the Sarpanch and Chairman of the Construction of Community Hall of Dandu Malkapur, filed W.V.M.P. accompanied by counter-affidavit and the relevant documents in support of his case. Respondent No.8 while denying the allegations made by the petitioners in the affidavit filed in support of the writ petition, contended that the land in question is a Grama Kantam land and belongs to the Gram Panchayat, the petitioners encroached the said land. As the land belongs to the Gram Panchayat, the Gram Panchayat, has unanimously passed resolutions on 20.01.2006 and 14.04.2007 for construction of a Community Hall in an extent of 1311 Sq. yds. out of 1452 Sq. yds., for the benefit of the general public and the village in particular. The petitioners having grabbed the land belonging to the Gram Panchayat, have filed the writ petition. He further contended that the petitioners made complaints to the Assistant Commissioner of Endowments, who directed the Inspector, Endowments Department, to conduct an enquiry and submit report. The Inspector, Endowments Department, having conducted enquiry, submitted report dated 05.04.2009 to the Assistant Commissioner of Endowments stating that the land in question does not belong to the Endowments Department as it is not registered as endowed property and that it belongs to the Gram Panchayat. He contended that with a view to knock away the property of the Gram Panchayat, the petitioners filed the present writ petition, and prayed that the writ petition be dismissed. Despite receipt of notice, no counter is filed on behalf of the official respondent Nos. 1 to 6, particularly the Endowments Department. However, the learned Government Pleader for Endowments, appearing on behalf of respondent No. 4 submitted across the bar that respondent No.8 merely relying on the report submitted by the Inspector, Endowments Department to the Assistant Commissioner of Endowments, is claiming that the land belongs to the Gram Panchayat. The Inspector having submitted the report, he submitted that the matter is pending before the Assistant Commissioner of Endowments. He further contended that the Deputy Commissioner of Endowments, Hyderabad, is the authority competent to take a decision on the report and decide the question as to whether the land in question belongs to the Endowments Department or not. At this stage, it cannot conclusively be said that the land in question belongs to the Gram Panchayat or the Endowments Department. Heard the learned counsel for the petitioner, the learned Government Pleader for Panchayat Raj for respondent Nos. 1 to 3, the learned Government Pleader for Endowments for respondent No.4 and the learned counsel for respondent No. 8. Inasmuch as the question as to whether the land in question belongs to the Endowments Department or not, has to be decided by the Deputy Commissioner of Endowments, Hyderbad, without going into the other issues raised by the petitioners in the writ petition, the writ petition is disposed of with the following directions: The Assistant Commissioner of Endowments, shall forward the report submitted by the Inspector, to the Deputy Commissioner of Endowments, Hyderabad, who shall examine the whole issue in the light of the report and other relevant material that may be placed before him, and decide as to whether the land in question belongs to the Endowments Department or not, and pass appropriate orders thereon, within a period of four weeks from the date of receipt of a copy of this order. At this stage, the learned counsel for the petitioners submitted that even if in the event the land is found to be belonging to the Gram Panchayat, yet constructions cannot take place in the land because the work of construction has been entrusted to respondent No.9, a private contractor, which is not permissible, and this apart, the petitioners have questioned the validity of the permission granted for construction of the Community Hall. The petitioners are always at liberty to raise these contentions in separate proceedings after a decision is taken by the Deputy Commissioner of Endowments on the issue of ownership of the land. Till the Deputy Commissioner of Endowments, Hyderabad, takes a decision in the matter, as directed above, status quo obtaining as on today shall be maintained by the parties. Accordingly, the writ petition is disposed of. No costs. _________________ N.V. RAMANA, J. Date: 23rd June, 2009 KSR