IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIFTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 14499 of 1999 Between: 1 P Sanna Basavanna Goud, P Pedda Goud Yeredikera Village, Brahmasamudra Mandal, Anantapur District 2 P Mallikarjuna Goud S/o P Pedda Goud Yeredikera Village, Brahmasamudra Mandal, Anantapur District 3 P Linganna Goud S/o P Pedda Goud Yeredikera Village, Brahmasamudra Mandal, Anantapur District 4 P Nagendra Goud S/o P Pedda Goud Yeredikera Village, Brahmasamudra Mandal, Anantapur District 5 P Sivanna Goud S/o P Pedda Goud Yeredikera Village, Brahmasamudra Mandal, Anantapur District ..... PETITIONER(S) AND 1 The Executive Officer, Group Temples (Sree Sankara Swamy Temple) Endowments Department, Kalyan Durg, Anantapur District 2 The Assistant Commissioner, Endowments Department, Anantapur District 3 Mr. K Chikkanna, Chairman of the Trust Board, Sree Sankara Swamy Temple, Eradikera Village, Brahmasamudram Mandal, Anantapur District .....RESPONDENT(S) 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 orders or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents to go for action of the Sree Sankara Swamy Temple lands situated in M.S. No. 232 at Eradikera village, Brahmasamudram Mandal, Anantapur District ignoring the rights of the petitioners in the said temple lands as illegal, arbitary and contrary to the supreme Court judgment and circular No. J5/15239/90 dt. 31/01/1997 issued by the Commissioner Endowments Department, A.P. Hyderabad and consequentially direct the respondents to retain Sree Sankara Swamy Temple Lands situated in S.No. 232 at Eradikera Village, Brahmasamudram Mandal, Anantapur District to the petitioners towards their remuneration in lieu of their salary and pass. Counsel for the Petitioner:MR.A.CHANDRAIH NAIDU Counsel for the Respondent : MR.O.MANOHER REDDY FOR R The Court made the following : ORDER: Heard Sri.V.T.M.Prasad. This is a pre-emptive writ petition on an apprehension that the petitioners would be dispossessed and evicted from the lands belonging to Sri Sankareshwara Swamy Temple, Erradikera village, Brahma Samudram mandal, Ananthapur District. The petitioners claim to be Archakas of the temple and to have been performing Poojas, Deeparadhana and Nitya Naivedyam and Swamyvari Vutsavams. The Temple owns land of an extent of Ac. 24.48 cents in S.No. 232 in the village which was endowed by the villagers for the purposes of the Devasthanam. According to the petitioners, ever-since their forefathers they have been cultivating the land and performing Poojas and rituals sharing the income derived from the cultivation of the land. The petitioners also assert that they have been paying contribution and audit fee to the Endowment Department. The petitioners state that the contribution and audit fee was being accepted from them by the Endowment Department. According to the petitioners in the 1st week of June 1999, the 1st respondent called them and informed that the temple was notified under the A.P. Hindu Charitable and Hindu Religious Institutions and Endowments Act 1987 (for short ‘the Act’) and they should vacate the temple land and the land would be put to open auction for grant of lease. The writ petition is silent whether any auction notice was issued or any notice under the provisions of the Act treating them as the encroachers or for their eviction was issued. Apprehending a raft of executive action under the provisions of the Act for their eviction and for notifying the land to lease out in public auction, the writ petition is filed as a quia timet proceedings. The writ petition is premature and is accordingly dismissed. No order as to costs. ___________________ GODA RAGHURAM,J 5.6.209. KRB. THE HON’BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION No. 14499 of 1999 Dated: 5/6/2009.