IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY THURSDAY, THE TWENTY EIGHTH DAY OF JANUARY, TWO THOUSAND TEN WRIT PETITION No.10328 of 2003 Between: P.Chowdaiah. … Petitioner And: The Commissioner of Endowments, Boggulakunta (Abids), Tilak Road, Hyderabad and others. … Respondents Counsel for the petitioner: Sri G.Venkata Reddy for Sri K.Rathangapani Reddy. Counsel for the respondents: AGP for Endowments. This Court made the following: ORDER:- This Writ Petition is filed for a Mandamus to declare the action of the respondents in conducting public auction on 28-5-2003 for leasing out the lands belonging to Sri Chodeshwari Devi Temple, Pedda Yemmanur village, Uyyalawada Mandal, Kurnool District, as illegal. The petitioner also sought for a declaration that he is entitled to cultivate the lands of the said temple in the absence of any remuneration or salary. As regards the first part of the relief claimed in the Writ Petition, since the proposed lease was for a period of three years, the cause in this regard has become infructuous. As far as the relief claimed by the petitioner that he is entitled to be in possession of the lands in question, under Section 35(3) of the A.P. Charitable and Hindu Religious Institutions & Endowments Act, 1987, the Archaka is entitled to payment of perquisites, emoluments or remuneration, either in cash or kind or both, as may be prescribed. The learned counsel for the petitioner placed reliance on Circular, dated 4-12-2001, issued by the Commissioner of Endowments-respondent No.1 in order to substantiate the case of the petitioner that he is entitled to the possession of the property of the said temple till pay scales are fixed. In my considered opinion, in the face of the specific statutory provision, which entitles the Archaka only to receive the prescribed emoluments, the petitioner is not entitled to hold the land of the said temple as a lien. If the petitioner’s grievance is that salary is not prescribed to him, he is entitled to approach respondent No.1 and claim appropriate relief. Therefore, I am not inclined to grant the second part of the relief claimed in the Writ Petition. However, the petitioner is permitted to make an appropriate representation to respondent No.1 for fixation of pay scale as Archaka of the said temple. If such a representation is made, respondent No.1 shall dispose of the same within a period of eight weeks from the date of receipt of such representation. The Writ Petition is accordingly disposed of. ------------------------------------ -- C.V.NAGARJUNA REDDY,J Date:28-1-2010 MNR