THE HON’BLE SRI JUSTICE NOUSHAD ALI W.P.Nos.25159, 25586 and 25592 of 2008 COMMON ORDER: With the consent of Sri K.Someswara Kumar, learned counsel for the petitioners and Sri V.Venu Gopal Rao, learned counsel for the second respondent herein, these Writ Petitions are disposed of by this common order. The petitioners in each of the Writ Petitions have the same grievance and seek identical reliefs against Sri Varaha Lakshmi Narasimha Swamyvari Devasthanam, Simhachalam, respondent No.2 herein. The petitioners claim to be the absolute owners and possessors of various extent of plots situate in Sy.No.24/3 D2 of Cheemalapally Village, Pendurthy Mandal, Visakhapatnam District. The two Petitioners in W.P.No.25159 of 2008 claim to have purchased plots by virtue of registered sale deeds dated 07-10-1992 and 11-03-1992, respectively. The five Petitioners in W.P.No.25586 of 2008 claim to have purchased the different extent of plots situate in the same Survey No.24/3 D2 under registered sale deeds dated 02-01-1993, 02-01-1993, 03-05-1993, 07-10-1992 and 27-06-2006, respectively. Similarly, the seven petitioners in W.P.No.25592 of 2008 claim to have purchased plots under registered sale deeds dated 30-08-1993, 20- 12-1993, 28-08-1993, 27-11-1992, 28-08-1993, 02-01-1993 and 28-08- 1993, respectively. The petitioners, therefore, claim that they are the absolute owners of the plots purchased under the aforesaid sale deeds and they have been in possession ever since the purchase. It is contended that while the petitioners have been in peaceful possession and enjoyment of the said plots, the officials of the 2nd Respondent-Temple visited the plots on 10-11-2008 proclaiming that the said plots belonged to the temple and sought to dispossess the petitioners forcibly and take possession of the said plots. The petitioners resisted the attempt and filed these Writ Petitions to declare the action of the 2nd Respondent in interfering with the peaceful possession and enjoyment of the aforesaid plots situate in Sy.No.24/3 D2 of Cheemalapally Village, Pendurthy Mandal, Visakhapatnam District without initiating any proceedings under law, as illegal and violative of Article 300-A of the Constitution of India. Heard Sri K.Someswara Kumar, learned counsel for the petitioners and Sri V.Venu Gopal Rao, learned counsel for the second respondent. The learned counsel for the petitioners would contend that the plots purchased by the petitioners belonged to private individuals and the 2nd Respondent has no manner of right or title over the said plots. The counsel would further submit that in any event even if the petitioners are to be considered as encroachers, they cannot be dispossessed or evicted without following due process of law. On the other hand, the learned counsel for the 2nd Respondent would contend that the plots in occupation of the petitioners are part of an extent of Ac.383.70 cents of Inam land and patta in respect of the total extent of land has been granted in favour of the 2nd Respondent under the provisions of the Andhra Pradesh Inams (Abolition and Conversion into Ryotwari) Act, 1956. The 2nd Respondent, therefore, is the absolute owner and the petitioners have encroached upon the plots illegally. The counsel would therefore submit that the petitioners have no manner of right to remain in possession. Whether the petitioners have any title over the plots or whether the 2nd Respondent is the owner by virtue of the patta said to have been granted in its favour, are the questions involving disputed questions of fact which cannot be decided in this Writ Petition. As rightly submitted by the learned counsel for the petitioners, even if the petitioners are considered as encroachers, as per the constitutional mandate in Article 300-A, no person shall be deprived of the property save by authority of law. In fact, the 2nd Respondent in its counter has also admitted this legal position and averred that the petitioners are deemed to be the encroachers and are liable for eviction under due process of law i.e., by following the provisions under Section 83 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987. There is no dispute that the petitioners have been in possession and enjoyment of the plots in respect of which each of them has been claiming title. That being so, the petitioners are entitled to protect their possession until evicted by due process of law. In the circumstances, the 2nd Respondent is directed not to evict/dispossess the petitioners from their respective plots situated in Sy.No.24/3 D2, Cheemalapally Village, Pendurthy Mandal, except by following due process of law. The Writ Petitions are disposed of with the above direction. There shall be no order as to costs. ________________ NOUSHAD ALI, J. 02nd November, 2010. skmr