THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.8720 of 2010 19.04.2010 Between: Sri Venkateswara Bhakta Sangam ….Petitioner AND Mr.Chinnala Sriramulu And others. …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.8720 OF 2010 ORDER: The petitioner is a registered Society. Statedly the petitioner was allotted Acs.0.20 cents of land for construction of Sri Venkateswara Swamy temple in 1971. The petitioner commenced construction of temple and compound wall after obtaining necessary permission from the Gram Panchayat. It is alleged that first respondent encroached upon the land on the Eastern side of the temple property. Petitioner approached third respondent as well as second respondent for necessary action, in vain. Therefore, it filed instant writ petition. This Court heard counsel for petitioner and Government Pleader for Revenue (Andhra Area). If the land allotted to petitioner for construction of temple is in the encroachment, in the considered opinion of this Court, respondents 2 and 3 may not intervene in the dispute. The moment land is allotted to petitioner Society (Bhakta Sangam), it is their duty to protect the property and exercise the rights including the right to evict the encroachers. The remedy, therefore, is a common law Court. The writ petition is misconceived. The petitioner may file a suit for eviction of the encroachers. If the temple is registered under Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, it is always open to the temple authorities to address the Assistant Commissioner to initiate action under Section 83 of the said Act for eviction of encroachers. The writ petition is misconceived and is accordingly dismissed. No costs. _______________ (V.V.S.RAO, J) 19.04.2010 Pln