IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIRST DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.15844 OF 2005 AND WRIT PETITION No.15805 OF 2005 In WRIT PETITION No.15844 OF 2005 Between: 1 Bhashyam Krishna Murthy @ Krishnamachary S/o Ranga Chary, R/o 4-4-38/1, Peddapalli, Karimnagar District 2 Bhashyam Rangachary s/o Lakshminarayana Chary S/o Ranga Chary, R/o 4-4-38/1, Peddapalli, Karimnagar District ..... PETITIONER(S) AND 1 The State of A.P., rep by Commissioner, Endowments, Hyderabad 2 The District collector, Karimnagar 3 The Revenue Divisional Officer, Peddapalli, Karimnagar District 4 The Assistant Commissioner, Endowments, Karimnagar District 5 The Executive Officer, Sri Seetharamaswamy Temple, Peddapalli, Karimnagar District 6 Bhashyam Purpushothama Chary s/o Nambuladri Dharmabad (V) Peddapalli, Karimnagar District 7 Chintapandu Komuraiah S/o Narasaiah R/o Bandamaplli (V), Peddapalli, Karimnagar District 8 Kotte Janardhan S/o Gattaiah R/o H. No. 1-2-87/3, Peddapalli Karimnagar 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 or order or direction more in the nature of Writ of Mandamus declaring the action oft he 5th respondent in issuing notification NO.1 of 2005 dated 13-07-2005 for granting lease of Sy. No.183 measuring Ac. 2.16 gts., Sy. No. 465, ac. 0.35 gts situated at peddapalli Revenue village and mandal of Karimnagar District as bad, illegal and arbitrary apart from the same being principles of natural justice and to set a side the same and be pleased to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioners : MR. C.RAMESH SAGAR Counsel for the Respondents : GP FOR ENDOWMENTS In WRIT PETITION NO : 15805 of 2005 Between: Chintapandu Komaraiah S/o Narasaiah R/o Bandampalli (V) Peddapalli Mandal, Karimnagar District ..... PETITIONER AND 1 The Executive Officer, Sri Sitaramachandra Swamy Temple, Peddapalli, Karimnagar District 2 Dy. Commissioner for Endowment Karimngar, Karimnagar District 3 The revenue Divisional Officer Peddapalli, Karimnagar District 4 The Mandal Revenue Officer Peddapalli Mandal, Karimnagar 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, direction more particularly one in the nature of Writ of Mandamus declaring the action of the 1st respondent in issuing impugned notice Lr No.1/2005 dated 15-7-2005 in respect of the petitioner's land admeasuring Ac. 2.16 guntas in S. No. 183 situated at Bandampalli Village, Peddapalli Mandl, Karimnagar District pending final adjudication of the case No. B1/1800/96 dated 24-7-2004 before the 3rd respondent as being illegal, arbitrary unconstitutional and without jurisdiction and pass such other order or orders as the Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner : MR. V.RAMAKRISHNA REDDY Counsel for the Respondents : GP FOR ENDOWMENTS The Court made the following common order : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.15844 OF 2005 AND WRIT PETITION No.15805 OF 2005 COMMON ORDER : The petitioners in these two writ petitions claim to be pattadars of the lands situated in Sy.No.183 and Sy.No.645 of Bandampalli Village, Peddapalli Mandal, Karimnagar District. It is stated that their names were also recorded as pattadars and occupants in the revenue records. These writ petitions are filed aggrieved by the action of the Executive Officer of Sri Sitharamachandra Swamy Temple, Peddapalli seeking to auction the leasehold rights in respect of the lands in their possession by way of public auction under the auction notice dated 13.7.2005 claiming that the said lands belonged to the temple. It is contended by the petitioners that the lands in question are not temple lands and that the same were not included in the list of lands prepared by the Revenue Divisional Officer, Peddapalli, Karimnagar District by proceedings dated 9.8.2003 furnishing the particulars of the lands belonging to the temple. It is also evident from the letter of the Assistant Commissioner of Endowments, Karimnagar, dated 26.7.1996. Thus, it is contended that the impugned action of the Executive Officer of the temple in proposing to auction the leasehold rights in respect of the land in their possession is arbitrary and illegal. This Court while directing rule nisi, by order dated 20.07.2005 ordered that the auction shall not be finalized. The learned counsel for the petitioners submitted that pursuant to the said order auction has not been finalized and the petitioners are continuing in possession. In the counter-affidavit filed by the temple, it is claimed that one Bashyam Purushothama Chary was the Archaka of the temple. He was only permitted to enjoy the usufruct of the temlple lands on a condition that he should perform Archakatvam service in the temple. Thus, it is contended that the petitioners cannot claim any title in respect of the said lands. According to the temple, the lands in question were donated long back by some philanthropic persons for the maintenance of the temple and the Archakas were permitted by the Endowments Authorities to cultivate the said land and enjoy the usufruct so long as they render Archakatvam service in lieu of wages. From the rival claims made by the petitioners and the respondent temple, it is clear that there is a dispute with regard to the nature of the property i.e., whether the property in question is an Inam land belonging to the temple or a patta land as claimed by the petitioners. Such a disputed question of fact which involves appreciation of evidence both oral and documentary cannot be decided by this Court in exercise of writ jurisdiction under Article 226 of the Constitution of India. It is also relevant to note that under Section 87 of the A.P. Charitable and Hindu Religious Institutions & Endowments Act, 1987 (for short, ‘the Act’) the Endowments Tribunal having jurisdiction is empowered to enquire into and decide such a dispute relating to the nature of the property and the rival claims if any with regard to the property. In the circumstances, it is for the petitioners to work out the remedy as provided under Section 87 of the Act in which event the dispute would be considered and decided after hearing both the parties in accordance with law. Accordingly, both the Writ Petitions are disposed of permitting the petitioners to make an appropriate application seeking enquiry under Section 87 of the Act within a period of four weeks from the date of receipt of this order. If any such application is made, the same shall be considered and appropriate orders be passed in accordance with law. Till such time, status quo obtaining as on today as to the nature and possession of the lands in question shall be maintained. No costs. ______________ G. ROHINI, J. Dt. 01.12.2008 gbs