THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.25816 of 2003 ORDER: Sri Venkateswara Swamy Vari Temple at Puligadda Village of Avanigadda Mandal, Krishna District, is endowed with Acs.2.58 cents, in survey No.128/1. It is stated that the land is not only yielding the income, on account of cultivation, but is also being utilized for performance of various functions, particularly during Krishna Pushkarams. The District Collector, Krishna District, published a notification, dated 27.11.2003, proposing to acquire the said land for providing house sites to the poor. The petitioners challenge the said notification. It is stated that a detailed representation was made to the District Collector by the Trust Board and villagers stating, inter alia, that the land is being utilized not only for the functions of the temple, but also for marriages, particularly of persons belonging to weaker sections. Their grievance is that the same was not taken into account and the acquisition was resorted to. Though 7 years have elapsed, the respondent has not filed any counter-affidavit. Heard learned counsel for the petitioners and learned Government Pleader for Land Acquisition. It is no doubt true that the impugned notification provides for enquiry under Section 5-A of the Act. However, it is not a case where any owner of private patta land has approached this Court. The 1st petitioner is a Devasthanam in the village. It is not as if the temple owns vast extents of land and part of it, is being acquired. It is stated that, that is the only land owned by the temple and that the land is not only yielding income on being leased, but is also being utilized for performing ceremonies and functions. Though providing house sites to the poor is a public purpose, the utility of the land proposed to be acquired is meeting a larger public need with wider ramifications. The respondent can identify any other alternative land for providing house sites. At any rate, 7 years have elapsed and it is not known as to whether alternative arrangements have already been made. The Writ Petition is accordingly allowed and the impugned notification is set aside. It is directed that no part of the land held by the Temple shall be sold or otherwise parted and it shall be utilized for its benefit and the pilgrims visiting it. There shall be no order as costs. _____________________ L. NARASIMHA REDDY, J. Dt.10.06.2010. GJ