IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NO : 23009 of 2007 Between: 1 Akula Venkataswami, S/o Manaiah, R/o Ahobilam Village, Allagadda Mandal, Kurnool District. 2 Jallela Sanjivarayudu, S/o Sanjivarayudu, R/o Ahobilam Village, Allagadda Mandal, Kurnool District. 3 Madegunta Ramasubba Reddy, S/o Subba Reddy, R/o Ahobilam Village, Allagadda Mandal, Kurnool District. 4 Modemu Hanumantu, S/o Pullaiah, R/o Ahobilam Village, Allagadda Mandal, Kurnool District. 5 Dudekunta Narasimha Reddy, S/o Subba Reddy, R/o Ahobilam Village, Allagadda Mandal, Kurnool District. 6 Madam Subbarayudu, S/o Naganna, R/o Ahobilam Village, Allagadda Mandal, Kurnool District. 7 Panuganti Venkataiah, S/o Venkata Kullai, R/o Ahobilam Village, Allagadda Mandal, Kurnool District. 8 Vadisena Rosi Reddy, S/o Venkatapathi Reddy, R/o Ahobilam Village, Allagadda Mandal, Kurnool District. 9 Negaala Sankakka, W/o Kasanna, R/o Ahobilam Village, Allagadda Mandal, Kurnool District. 10 P.China Subbanna, S/o Venkat Subbanna, R/o Ahobilam Village, Allagadda Mandal, Kurnool District. 11 Sane Gurrappa, S/o Ramaiah, R/o Ahobilam Village, Allagadda Mandal, Kurnool District. 12 Tiruvaipati Balamma, W/o Venkata Subbaiah, R/o Ahobilam Village, Allagadda Mandal, Kurnool District. 13 Vulli Nagaraju, S/o Tirupal, R/o Ahobilam Village, Allagadda Mandal, Kurnool District. 14 Penugonda Munemma, W/o Obulesu, R/o Ahobilam Village, Allagadda Mandal, Kurnool District. 15 Kommiraguramudu, S/o Kommi Poonaiah, R/o Ahobilam Village, Allagadda Mandal, Kurnool District. ..... PETITIONER(S) AND 1 Sri Lakshmi Narasimha Swamy Temple Ahobilam Village, Allagadda Mandal, Kurnool District represented by its Executive Officer. 2 The Station House officer, Allagadda Rural Police Station, Allagadda, Kurnool 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 to issue a writ order or direction more in the nature of writ of mandamus to declare the action of the respondents in trying to dispossess the petitioners from their residential houses without following due process of law as arbitrary, illegal and consequently direct the respondents not to dispossess the petitioners from the their residential houses without following due process of law in the interest of justice. Counsel for the Petitioner:MR.P.NAGENDRA REDDY Counsel for the Respondent No.: MR.V.T.M.PRASAD The Court made the following : THE HONOURBALE SRI JUSTICE P.S.NARAYANA W.P.NO. 23009 OF 2007 ORDER: 1. Heard the counsel. 2. This writ petition is filed to issue a writ of mandamus to declare the action of the respondents in trying to dispossess the petitioners from their residential houses without following due process of law, as arbitrary, illegal and consequently direct the respondents not to dispossess the petitioners from their residential houses without following due process of law in the interest of justice and pass such other suitable orders. 3. It is stated that the petitioners No.2, 9 and 15 already had given consent to vacate the respective houses. 4. A counter affidavit in detail had been filed. This Court granted an order of status quo on 1-11-2007 while ordering notice before admission and the same was extended from time to time. 5. It is stated that the petitioners are occupying the respective houses and they have been paying the property tax to the Grampanchayath and the Revenue Authorities also issued ration cards and their names were included in the voter’s list. Further certain averments have been made that for political reasons the petitioners are being harassed and these houses are in existence for more than 50 years and the respondents are threatening to forcibly dispossess the writ petitioners from their respective houses. 6. In the counter affidavit filed by Respondent No.1 sworn by the Manager of the 1st respondent Devasthanam. It is stated that the facts relating to the construction of the houses by the petitioners’ forefathers and they are paying property tax, issuance of ration card, and voter identity cards are not within the knowledge of the 1st respondent. A specific stand has been taken that actually there are no pucca constructions and only hutments are there. The other allegations had been specifically denied. It is stated that entire action is being taken with the tacit approval of all the people concerned including the petitioners, in order to develop amenities to the pilgrims. It is also been decided that all the persons having shops in the Sannidhi Street and persons otherwise affected will be provided in the proposed new shopping complex on priority basis and also necessary financial assistance. It is further stated that the Government have already allotted house sites at the rate of 0.02 cents in Survey Nos. 206, 207 and 208 on the southern side per head to all the 450 persons affected and provided the necessary assistance by way of providing required material and finance for construction of the houses under the Indiramma scheme. In fact, the constructions are also almost over and will be ready for occupation by March, 2008. On the request of the affected persons, the respondent Devasthanam also agreed to provide another Rs.3000/- per head which also has been received by a majority of them. Even the persons working in the temple viz., priests and other servants are also affected and they also provided the house sites like others. It is further stated that out of the 62 shop owners, 50 persons including petitioners 9 and 15 have accepted for the same and also received the amounts. The entire action is being taken to avoid the inconvenience caused to the temple authorities during festivals especially Brahmothsavam period on account of the large influx of pilgrims to the place. Even during ordinary days, the influx of pilgrims is growing day by day on account of the increasing popularity of the temple. Therefore, there is neither any effort to forcibly evict the petitioners from their shops, muchless from their residential premises, nor deprive them of any rights as alleged. It is also stated that in fact they are encroachers into the land. The alleged apprehension that the 1st respondent with the help of the other respondents may demolish the houses and dispossess them is totally misconceived and there is no such necessity for the 1st respondent to resort to such practice. Further it is stated that at this juncture it will be better to narrate the developments giving rise to the situation. Sri Lakshminarasimha Swamy temple at Ahobilam is a very ancient one. The temple in association with Sri Ahobilam Math also been a center of learning and education. Grateful devotees and disciples donated land and money for maintenance and administration of the temples. The temples in Ahobilam are now maintained by his holiness the Jeer of Sri Ahobila Math, as the hereditary trustee under the administrative control by the Endowment Department. By dint of deep devotion to the Lord, and taking the welfare of the people at heart, the present Jeer has successfully completed several projects in Ahobilam with the full support and coordination from the Endowments Department and the Government. The need for providing basic facilities for the devotees and visitors in a pilgrim center like Ahobilam, situated in a heavily afforested, hilly and far of place is quite obvious and in tune with the divine atmosphere. For resorting its past glory, the Government of A.P. and the Endowments Department are fully co-operative in the mighty divine task of Ahobilam Development and trying to make it a prominent Tourist cum pilgrimage center. A master plan for development must be such that to preserve the eco-friendly atmosphere with the surrounding trees, green foliage forest, lush green surrounding and providing proper layout facilities for health and hygiene etc., 7. It is stated that keeping in view all the circumstances, the Government of A.P. on 17-6-1966 directed to transfer 20 acres of Forest land to the Ahobilam temple authorities free of cost. It is in fact over part of this land, the petitioners encroached and constructed the shops. Subsequently, a master plan was prepared and developing a new township nearer to Ahobilam with all the facilities such as colleges, drinking water, electricity, transport facilities, private choultries etc., The Government has also accepted to alienate Ac. 11-62 cents of land for the development of township in front phase apart from all other aspects, care was taken to provide accommodation in the shopping complex for persons being vacated from the shops in the Sannidhi street. The government has also accepted to allot sites for those who will be deprived of the houses. Necessary sanctions for the plans, estimates for the respective works from the concerned authorities have also been received. In fact, about 50 out of 62 persons have accepted the proposals and received the financial assistance as well. It is at this stage the petitioners have approached this Court and obtained orders by which entire works have become standstill and putting the authorities to a great difficulty, particularly in view of the ensuing Brahmothsavam in March, 2008. 8. It is however brought to the notice of the Court that certain of the writ petitioners like petitioners No.2, 9 and 15 are consenting parties to vacate the respective houses voluntarily. Be that as it may, inasmuch as it is stated that it is only a temporary occupation and hutments, the respondents are at liberty to pursue the lawful remedies to see that these petitioners are duly evicted. The petitioners also at liberty to agitate the rights if any if they are so advised before a competent Forum. 9. Accordingly, the writ petition is disposed of. No order as to costs. _____________________ Justice P.S.Narayana 25th February, 2008. KM THE HONOURBALE SRI JUSTICE P.S.NARAYANA W.P.NO. 23009 OF 2007 25th February, 2008.