THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.2430 OF 2008 Dated:10.10.2011 Between: Yandrapragada Sambasiva Rao .. Petitioner And The Executive Officer, Sri Bhramaramba Malleswara Swamy Vari Temple, Pedakakani Village and Mandal, Guntur District and another .. Respondents THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.2430 OF 2008 ORDER: Heard learned counsel appearing for the petitioner and the learned Government Pleader appearing for the 1st respondent. This writ petition is filed seeking directions by way of Mandamus to declare the action of the respondents in interfering with the possession, enjoyment and title of the petitioner in respect of house property bearing Door No.1-275 (Old 1-42), Assessment No.197 (Old No.194) situated in an extent of Ac.0.20 cents in D.No.167/3 of Pedakakani Village and Mandal, Guntur District, as illegal and arbitrary. The case of the petitioner is that he is the owner of the said property which was acquired by his ancestors and he succeeded to the same. On the other hand, respondents claim that the property in question belongs to the temple. When the matter is taken up today, it is submitted by the learned counsel for the petitioner that after filing of the writ petition, the respondents have filed an application before the Deputy Commissioner of Endowments, Guntur, under Section 87 (1)(c) of the Andhra Pradesh Charitable Hindu Religious Institutions and Endowments Act, 1987 (A.P. Act No.30 of 1987) for declaration that the above said house belongs to the temple and sought for consequential orders. In that view of the matter, learned counsel requests to dispose of the writ petition in view of the subsequent developments. I have perused the copy of the application filed before the Deputy Commissioner of Endowments, Guntur. In the aforesaid application, apart from seeking declaration, the respondents have also sought for prohibitory orders against the petitioner herein. As much as the respondents have already filed an application before the Deputy Commissioner of Endowments to decide the rights over the property in question, it is not appropriate for this Court to decide such issue in this writ petition. For the aforesaid reasons, this writ petition is disposed of giving liberty to the petitioner to work out the appropriate remedies in the application pending before the Deputy Commissioner of Endowments. There shall be no order as to costs. ________________________ R. SUBHASH REDDY, J 10.10.2010 KH