IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY EIGHTH DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 11202 of 2008 Between: 1 B. Gowri Sankara Raju S/o. Late Jogi Jagannadha Raju R/o. D.No. 29-10-8, Lalitha Colony Daba Gardens, Visakhapatnam. 2 B. Butchi Venkata Padmanabha Raju S/o. B.G.S. Raju R/o. D.No. 29-10-8, Lalitha Colony Daba Gardens, Visakhapatnam. 3 B. Jogi Jagannadha Raju S/o. B.G.S. Raju R/o. D.No. 29-10-8, Lalitha Colony Daba Gardens, Visakhapatnam. 4 B. Sita Rama Raju S/o. B.G.S. Raju R/o. D.No. 29-10-8, Lalitha Colony Daba Gardens, Visakhapatnam. 5 B., Varma Babu S/o. B.G.S. Raju R/o. D.No. 29-10-8, Lalitha Colony Daba Gardens, Visakhapatnam. ..... PETITIONER(S) AND 1 The Executive Officer, Sri Kasivisweswara @ Viswanadha Swamy Temple, Simhachalam Uphill, Visakhapatnam District. 2 The Commissioner, A.P. Charitable & Hindu Religious Institutions & Endowments Hyderabad. 3 The Deputy Commissioner, A.P. Charitable & Hindu Religious Institutions & Endowments Hyderabad. 4 State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Endowments Department, Secretariat , Saifabad, Hyderabad. .....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 issue an appropriate writ or order or direction more particularly one in the nature of writ of Mandamus declaring as illegal, arbitrary without jurisdiction and in violation of provisions of Articles 14, 21 and 300A of the Constitution of India the Notice in Rc No. C1/1946/2007 dt. 9- 4-2008 issued by the 1st Respondent and issue a consequential direction that the Respondents have no jurisdiction to initiate proceedings under Section 84, 85 and 86 and A.P. Charitable & Hindu Religious Institutions & Endowments Act 1987 and pass such other or further order or orders Counsel for the Petitioner:MR.D.V.SITARAMAMURTHY Counsel for the Respondent No.: GP FOR ENDOWMENTS The Court made the following : THE HONOURABLE SRI JUSTICE L.NARASIMHA REDDY W.P.NO. 11202 OF 2008 ORDER: The petitioners assail the action of the respondents in initiating the proceedings under Section 83 of A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (herein after referred to as ‘the Act’ for brevity). 2. 1st Respondent issued notice, dated 9-4-2008, to the petitioners proposing to evict them from the land in various survey numbers of Gangasani Agraharam village, Anandapuram Mandal, Visakhapatnam District. 3. The petitioners contend that they have never been tenants of the temple and that they are in possession of the land in their own right and they take exception to the initiation of the proceedings under Section 83 of the Act, mainly on the ground that the disputed questions cannot be decided in the impugned proceedings. 4. Heard learned counsel for the petitioners and learned Government Pleader for Endowments appearing on behalf of the Respondents. 5. This Court is not inclined to entertain this writ petition filed against a notice for initiation of proceedings under Section 83 of the Act. Even assuming that the petitioners are making any independent claim of ownership over the lands, they can put forward the same plea in response to the notice. The petitioners will have any grievance, if only any final order, adverse to their interest, is passed. Even against such orders the remedy of appeal is available. The apprehension of the petitioners that they may be evicted even while such proceedings are pending, is without any basis. The very fact that the impugned notice has been issued discloses that the respondents have decided to pursue a particular course of action strictly in accordance with the provisions of the Act. 6. Therefore, the writ petition is dismissed as premature and it is left open to the petitioners to put forward all their contentions before the concerned authority. It is needless to observe that the petitioners cannot be forcibly dispossessed till the final order is passed and communicated to them. No order as to costs. ___________________________ Justice L.Narasimha Reddy 28th May, 2008 KM THE HONOURABLE SRI JUSTICE L.NARASIMHA REDDY W.P.NO. 11202 OF 2008 28th May, 2008