IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 20087 of 2008 Between: Vennapusa Sambasiva Reddy@ Vennapusa Gopulagiri Sam Siva Reddy,S/o Late V.Malla Reddy Door No.2/269 Balaji Nagar,Kadapa City & Dist ..... PETITIONER AND 1 The State of Andhra Pradesh rep.by its Commissioner of Endowments Boggulakunta Hyderabad 2 The Assistant Commissioner of Endowments Endowments Department Sankarapuram,Kadapa City & District 3 Sri Malleswaraswmy Temple Polathala Ganganapalli(V) Pendilimarry(M) Kadapa District .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue an appropriate order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 3rd respondent in proposing to conduct public auction for grant of lease hold rights over the land in an extent of Ac 6.32 cents in Sy.No.904 of Ganganapalli(V) Pendilimary(M) Kadapa District belongs to the petitioner as arbitrary and violative of the fundamental and constitutional rights guaranteed to the petitioner under Articles 14,19,21 and 300-A of the constitution of India and consequently direct the respondents not to interfere with the petitioner's rights over the subject land in an extent of ac 6.32 cents in Sy No.904 of Ganganpally(V) Pendlimarri(M) Kadapa District belongs to the petitioner. Counsel for the Petitioner:MR.V.R.REDDY KOVVURI Counsel for the Respondents: GP FOR ENDOWMENTS The Court made the following : ORDER: The petitioner claims to be the owner of Acs.6.32 cents of land in survey No.904 of Ganganapalli Village, Pendlumarry Mandal, Kadapa District. His father claims to have purchased the land under a registered sale deed, dated 10.06.1934. The petitioner states that when the Executive Oﬃcer of Sri Malleswaraswamy Temple, Polathala, the third respondent herein, was initiating steps to put the leasehold rights of the land to auction, he ﬁled O.S.No.551 of 2007 in the Court of Principal Junior Civil Judge, Kadapa, for declaration of title and perpetual injunction. It is stated that the suit was dismissed for default, and immediately thereafter, he ﬁled an application under Order 9 Rule 9 CPC to restore the suit to its file. He feels aggrieved by an auction notice issued by the third respondent proposing to conduct auction of leasehold rights for the suit land on 16.09.2008. Heard Sri V.Sambasiva Reddy, learned counsel for the petitioner, learned Government Pleader for Endowments for respondents 1 and 2 and Sri V.T.M.Prasad, learned Standing Counsel for the third respondent. The petitioner had already approached the civil Court for the relief of declaration of his title. From a perusal of the written statement ﬁled therein by the third respondent, it is evident that the land was part of an Inam land attached to the temple. Be that as it may, once the petitioner had approached the civil Court, he has to await the adjudication therein. As of now, the suit stood dismissed for default. Therefore, this Court is not inclined to interfere with the impugned notice. Hence, the Writ Petition is accordingly dismissed. There shall be no order as to costs. ____________________ Dt.15.09.2008 L.NARASIMHA REDDY, J GJ