THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION NO. 9372 OF 2008 O R D E R: The petitioners claim to be the owners of various extents of land, admeasuring about Acs.15-00, in Sy.Nos.232/A, 232/E, 233/A and 233/E of Narapunenipalli Village of Khammam District. Their grievance is that the Assistant Commissioner of Endowments, Khammam, the respondent herein, is interfering with their possession over the land. Reference is made to a notice got issued by them, as well as a reply received from the respondent. The respondent ﬁled a counter aﬃdavit, stating that the land was endowed in favour of Sri Chandrasekhara Swamy Temple of the village and that the petitioners have highhandedly and unlawfully entered into it. It is stated that the possession of the land was resumed and the leasehold rights of the same were put to auction. Heard Sri K. Rathangapani Reddy, learned counsel for the petitioners, and learned Government Pleader for Endowments. While the petitioners assert that it is their patta land, the respondent pleads that it was endowed in favour of Sri Chandrasekhara Swamy Temple. The entry in khasra pahani for the year 1954-55 is in favour of the Temple. The circumstances under which the subsequent entries are modiﬁed, are not immediately before this court. While the respondent ought to have initiated proceedings under Section 83 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short “the Act”) to resume possession, the petitioners ought to have made an endeavour to establish their rights before any proper forum. As the things stand now, the leasehold rights of the lands were put to auction. This court is of the view that the matter needs to be resolved, by taking recourse to the procedure prescribed by law, and the interests of both the parties are required to be protected, in the meanwhile. Hence, the writ petition is disposed of, directing that; a) The petitioners shall remain in possession of the land, on payment of Rs.3,500/- (three thousand ﬁve hundred) per acre, per year, to be credited to the account of Sri Chandrasekhara Swamy Temple, on or before 1st June of every year, and the amount payable for this year shall be deposited by 30th October 2008. b) It shall be open to the respondent to initiate proceedings under Section 83 of the Act, or for the petitioners to seek declaration under Section 87 of the Act. Till the proceedings under the said provisions are concluded, the arrangement ordered in the above paragraph shall continue, on condition that the lease amount shall be enhanced by 15%, every year. c) The concerned authorities of the Temple shall invest the amount in a Fixed Deposit in a Nationalized Bank, as and when deposited, and utilize the accrued interest for the activities in the Temple. There shall be no order as to costs. ___________________ 21st October 2008 PAN