IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 20852 of 2003 Between: Sri Laxmaneswara Swamy Temple Trust, Siva Ganganagar, Chatrinaka, Hyderabad, rep., by its Sri Annarao Kulkarni ..... PETITIONER AND 1 The District Collector, Hyderabad Dist., Lakdikapool, Hyderabad. 2 The Mandal Revenue Officer, Bandlaguda, Hyderabad. 3 The Asst.Commissioner of Endowments, Twin Cities, Hyderabad. 4 The Inspector of Police, Chatrinaka Police Station, Hyderabad. 5 The Dy.Engineer, A.P.Transco, Chandrayanagutta, Hyderabad. .....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 a writ, order or direction more particularly one in the nature of a writ, of mandamus declaring the action of the 5th respondent in attempting to construct an electrical sub-station in the land of the temple situated in T.S.No.12, Ward No.271, bearing Municipal No.II, S, 3-508, Siva Ganganagar, Chatrinaka, Hyderabad in an extent of approximately 6000 sq.yards as arbitrary, illegal without due process of law, without any notice and is violative of Arts.14 & 25(2) of the Constitution of India. Counsel for the Petitioner: Mr.P.RADHAKRISHNA Counsel for the Respondents: Mr.Sri Ramulu Reddy ( SC FOR TRANSCO) GP FOR REVENUE The Court made the following : ORDER: None appears either for the petitioner or for the 4th respondent. 2. It is stated that petitioner-temple is registered with the Endowment Department and the temple had ancient history of 400 years. One Sri Raja Syam Raj Rajwant Bahadur gifted an extent of 4.518 sq.yards of vacant land to the temple abutting it in T.S.No.12, Ward No.271, bearing Municipal No.II.S, 3-508 in 1953 and the same was also published in Hyderabad District Gazette on 19-02-1953. As the said property of the temple is registered in the Book of Endowments the property belongs to the temple alone. The temple land of about Ac.3.50 cents was grabbed by various private land grabbers and they have constructed houses therein and approximately 6000 sq.yards of vacant land is available with the temple for its use. While so, respondents 1, 2, and 5 attempted to construct an electrical sub-station in the vacant land of the temple unauthorizedly in spite of the protest and repeated representations made by the petitioner. Therefore, petitioner filed the present Writ Petition. 3. This Court, on 06-11-2003, while admitting the Writ Petition ordered status quo to be maintained as on that day, but still no counter has been filed. As the averments made in the Writ Petition have not been contraverted it cannot be said that the land does not belong to the temple. If that be so, 5th respondent cannot erect the said sub- station in the land of the temple. However, if the temple land is required for public purpose, it is always open for the respondents to acquire the land for the purpose of erecting the sub-station but without following due process of law no land of the petitioner can be misused for any other purpose. 4. Having regard to the facts and circumstances, respondents are directed not to construct any electrical sub-station in the land of the petitioner-temple without following due process of law. 5. Accordingly, Writ Petition is disposed of. There shall be no order as to costs. _________________ V.ESWARAIAH,J 14th March, 2008 Tsy To 1 The District Collector, Hyderabad Dist., Lakdikapool, Hyderabad. 2 The Mandal Revenue Officer, Bandlaguda, Hyderabad. 3 The Asst.Commissioner of Endowments, Twin Cities, Hyderabad. 4 The Inspector of Police, Chatrinaka Police Station, Hyderabad. 5 The Dy.Engineer, A.P.Transco, Chandrayanagutta, Hyderabad. 6 2CCs to 7 2CD copies Form-NIC-OGS/WP{ }