IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO and THE HON'BLE MR JUSTICE R. KANTHA RAO WRIT APPEAL No.858 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 23/04/2008 in WP NO : 9014 OF 2008 on the file of the High Court.) Between: Sri Anjaneya Chenna Kesava Eswara Swami Group Temples, rep. by Executive Officer, Chinna Kandukuru, Allagadda Mandal, Kurnool District. ..... APPELLANT AND 1 P. Nageswara Reddy S/o. Narasimha Reddy R/o. Chinna Kandukuru Village, Allagadda Mandal, Kurnool District. 2 V. Pulla Reddy S/o. Bagi Reddy R/o. Chinna Kandukuru Village, Allagadda Mandal, Kurnool District. 3 S. Chandra Obula Reddy S/o. Bala Obula Reddy R/o. Chinna Kandukuru Village, Allagadda Mandal, Kurnool District. .....RESPONDENTS Counsel for the Appellant: MR.V.T.M.PRASAD Counsel for the Respondents: MR.K.RATHANGA PANI REDDY The Court made the following : THE HON'BLE MR JUSTICE B.PRAKASH RAO and THE HON'BLE MR JUSTICE R. KANTHA RAO WRIT APPEAL No.858 of 2008 ORDER: (per the Hon’ble Sri Justice B.Prakash Rao) Heard Sri V.T.M.Prasad, learned senior counsel appearing for the appellant, and Sri K.Rathangapani Reddy, learned counsel appearing for respondents/writ petitioners. Appellant herein is the respondent in W.P.No.9014 of 2008 ﬁled by respondents 1 to 3 herein seeking a Writ of Mandamus declaring the action of the appellant in proceeding to conduct auction for the temple lands, even though respondents/writ petitioners are in the possession of the same, as arbitrary and illegal and contrary to the mandatory provisions contained in Sections 83 and 84 of the Andhra Pradesh Charitable and Hindu Religious Institutions & Endowments Act, 1987 (for short “the Act”). A learned Single Judge of this Court, by an order dated 23.04.2008 allowed the said writ petition. Appellant seeks to assail the said order dated 23.04.2008 passed by the learned Single Judge in W.P.No.9014 of 2008. No doubt, the plea of the appellant is to the eﬀect that respondents/writ petitioners are only encroachers and they are in unauthorized possession of the endowment lands. But, having heard the learned counsel for both the parties and on a perusal of the material on record, we are not inclined to interfere with the order of the learned Single Judge, wherein it has been directed that the appellant shall follow the procedure contemplated under Sections 83 and 84 of the Act before the writ petitioners/respondents are evicted. In fact, the said direction given by the learned Single Judge is suﬃcient to protect the rights of the appellant. Hence, we do not ﬁnd any merits in the writ appeal. Accordingly, the Writ Appeal is dismissed, giving liberty to the appellant to take appropriate steps as contemplated under Sections 83 and 84 of the Act. There shall be no order as to costs. _________________ (B.Prakash Rao, J) _______________ (R. Kantha Rao, J) 11th September 2008 sh