IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHT DAY OF DECEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE P.S.NARAYANA WRIT PETITION No.26341 of 2009 Between: Avatar Mehar Baba Premalayam Kendram Trust, Chandrampet Village, Sircilla Mandal, Karimnagar District ..... PETITIONER AND The District Collector, Karimnagar, Karimnagar District and others ....RESPONDENTS The Court made the following: THE HON’BLE SRI JUSTICE P.S. NARAYANA WRIT PETITION No.26341 OF 2009 ORDER: On 03.12.2009 learned Assistant Government Pleader for Panchayat Raj and Sri G. Elisha had taken notice on behalf of respondents and requested time to get instructions. Thus, the matter is coming for admission today. 2. Heard Sri Mohd. Asifuddin, learned counsel representing the writ petitioner; learned Assistant Government Pleader for Panchayat Raj representing respondent Nos.1 and 2 and Sri G. Elisha representing respondent Nos.3 and 4. 3. The writ petition is filed for a writ of mandamus declaring action of respondent Nos.3 and 4 in not giving affect to the proceedings bearing No.A7/172/2009, dated 29.10.2009 issued by respondent No.2 is arbitrary and illegal and to pass such other suitable orders. 4. The Chairman of the Avatar Mehar Baba Premalaya Kendram Trust, Chandrampet Village, Sircilla Mandal, Karimnagar District had shown to the affidavit filed in support of the writ petition. 5. It is stated that the Avatar Mehar Baba Premalaya Kendram Trust had been formed to inculcate the ideology of Saint Avatar Mehar Baba. They are also undertaking social welfare activities like helping the poor people by giving medical and educational assistance and they are also doing activities like taking up educational activities like running of night schools for elderly people not only in Chandrampet Village but also in the neighboring villages. 6. It is further stated that the above trust is functioning since last 12 years at Chandrampet Village of Sircilla Mandal and the trust had been registered on 06.01.2009 through registration document No.1 of 2009 registered at Sub-Registrar Officer, Sircilla. 7. It is also averred that as the trust is not having any permanent prayer mandir for prayer, they have made a representation dated 12.01.2009 requesting the Gram Panchayat to allot a suitable land to Trust Kendram so that a permanent prayer mandir can be constructed. 8. It is further stated that the devotees are very much eager to have a permanent structure at Chandrampet Village, as the said prayer mandir is for social purpose of the people to have common place for their observing prayer. 9. It is also stated that pursuant to the representation dated 12.01.2009 an enquiry was ordered by respondent No.2 herein and after conducting the enquiry, report was submitted to respondent No.2 herein by the concerned officials and the copy of the same is marked to the trust, wherein it is shown that Plot Nos.8 to 11, totaling to an extent of 1331 square yards (Ac.0-11 guntas), in Sy.Nos.1338 and 1367 of land registered in favour of Chandrampet Gram Panchayat bearing registered No.146, dated 19.01.2005. It is further stated in the report that the above lands are vacant. It is stated that in view of the report submitted to respondent No.2 herein and as the above land vest with Chandrampet Gram Panchayat, their representation dated 12.01.2009 may be considered and the suitable land may be allotted for construction of Avatar Mehar Baba Prayer Mandir. As their representation is pending since last ten months, the petitioner constrained to file the writ petition bearing No.22584 of 2009 before this Court and this Court disposed of the W.P.No.22584 of 2009 on 27.10.2009 directing respondent No.2 to consider the representation dated 12.01.2009 in accordance with law. Pursuant to the directions of this Court respondent No.2 issued the proceedings bearing No.A7/172/2009, dated 29.10.2009 directing respondent Nos.3 and 4 in view of the representation of the petitioner and consequently to pass an approval in the Village Gram Panchayat and handover the vacant land pertaining to Chandrampet Village, Sircilla Mandal, Karimnagar District bearing Sy.No.1338 and 1367 bearing Plot Nos.8 to 11 to an extent of 1331 square yards. 10. It is also stated that on the eve of the 12th anniversary of Avatar Mehar Baba on 13th December 2009 the Trust is planning to conduct poojas by laying the foundation stone for prayer mandir. It is also stated that pursuant to the proceeding dated 29.10.2009 respondent No.4 so far had not taken any action. Aggrieved by that they approached respondent Nos.3 and 4 several times and requested them to hand over the above said land as per law by passing appropriate resolution as on 13.12.2009 on the eve of 12th anniversary of Avatar Mehar Baba, as the Trust is planning to lay the foundation stone, but so far they have not acceded to their request. In such circumstances, certain specific grounds had been raised in the writ petition and the relief prayed for as specified above had been prayed for in the present writ petition. 11. The proceedings No.A7/172/2009, dated 29.10.2009 reads as hereunder: “Sub: Panchayats – Village Panchayat Chandrampet, Sircilla Mandal – Writ Petition bearing No.22584 of 2009 filed by Sri D. Prabhakar Rao – Instructions – Reg; Ref: 1) Rep. of Smt. R. Anjamma MPTC Chandrampet dated 10.10.2009. 2) Hon’ble High Court Orders in W.P.No.22584 of 2009, dated 27.10.2009. 3) Application of Sri D. Prabhakar Rao, Chairman, dated 12.01.2009. 4) Enquiry Officer (Panchayat Raj & Village Officer), Sircilla, Report No.A5/85/09, dated 07.03.2009. 5) This Office letter No.A7/172/2009, dated 25.05.2009. With reference to the Reference No.3 cited based upon the Application submitted by Sri D. Prabhakar Rao an Enquiry was conducted by the Enquiry Officer (Panchayat Raj & Village Officer) Sircilla and subsequently instructions were passed vide Reference No.5 cited. Aggrieved by the instructions Sri D. Prabhakar Rao, Chairman, Avatar Mehar Baba Premalaya Kendram Trust, Chandrampet had filed a Writ Petition and the Hon’ble High Court directed the respondents to consider the representation dated 12.01.2009 and pass an appropriate order. Therefore, it is instructed to the Sarpanch and the Panchayat Secretary to place a proposal before the Village Panchayat Committee for approval to handover the plots bearing Plot Nos.8,9,10 and 11 in Survey Nos.1338 and 1367 to an extent of 1331 sq. yds., as per the Hon’ble High Court directions and send the approved details to this office. Sd/- District Panchayat Officer Karimnagar To Sarpanch/Panchayat Secretary, Gram Panchayat Chandrampet, Sircilla. CC to: 1) Enquiry Officer (Panchayat Raj & Village Officer), Sircilla. 2) Smt. Rendlya Anjamma, MPTC Chandrampet. 3) D. Prabhakar Rao, Chairman, Avatar Mehar Baba Premalaya Kendram Trust, Chandrampet.” 12. In the light of the facts and circumstances, this Court is of the considered opinion that the proceedings referred to supra to be given effect to and hence, let respondent Nos.3 and 4 take appropriate action in this regard, within a period of four weeks from the date of receipt of a copy of this order. 13. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. ___________________ P.S. NARAYANA, J December 08, 2009 MD