THE HONOURABLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.25041 of 2001 ORDER: Petitioners claim that their father namely Kallem Chandraiah was declared as the protected tenant of the subject lands covered by Sy.No.21 of Madannapet Village, Hyderabad, under the provisions of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950, and after his demise, the said lands devolved upon them and since then they have been continuing in possession thereof, as protected tenants. While so, it is their grievance that the respondent authorities, without issuing any notice and without following due process of law, are trying to dispossess them from the subject lands, on the ground that they are endowed properties. Hence, they filed the present writ petition, seeking appropriate relief. This Court, while admitting the writ petition on 07.12.2001, passed interim orders in W.P.M.P.No.31681 of 2001, to the effect that the petitioners shall not be evicted from the subject lands, unless they are served with any order as such indicating the reasons. Since no counter-affidavit was filed by the respondents, in spite of admitting the writ petition and passing interim orders as stated above way back on 07.12.2001, this Court ordered appearance of the respondents before this Court on 29.07.2010. Thereupon, a detailed counter-affidavit has been filed on behalf of the respondents, wherein while denying the allegations made by the petitioners, it is stated that the lands in occupation of the petitioners are endowed lands belonging to Sri Balaji Mahadevji Temple situated at Madannapet Village, and that, in view of amendment Act 27/2002, the provisions of A.P. (Telangana Area) Tenancy and Agricultural Lands Act, 1950, are not applicable to the subject lands, which are endowed properties. It is further stated that, pursuant to the interim orders dated 07.12.2001 passed by this Court, notices dated 09.01.2002 through counsel and dated 14.02.2002 by the person-in-management of the temple were issued to the petitioners, for their eviction from the subject lands, and questioning the same, the petitioners filed another writ petition in W.P.No.4634 of 2002 before this Court and this Court dismissed the same on 17.04.2003, directing the petitioners to file their objections to the eviction notices issued, but the petitioners without complying with the said orders, are squatting over the endowed property in the guise of the interim orders passed by this Court in the present writ petition. While that being so, on 19.08.2010, this Court, upon the representation made by the learned counsel for the petitioner that the petitioners converted the entire agricultural land into house sites and sold them to third parties and now third parties are in possession of the land by constructing pucca houses, directed the Commissioner, Endowments Department, Andhra Pradesh, Hyderabad, to submit a status report indicating the ground realities and explain as to how the petitioners who came into possession of the land as lessees, were given permission to sell the agricultural land by converting the same into house plots. Accordingly, the Commissioner, Endowments Department, filed status report indicating that an extent of Ac.19-22 gts., belonging to the Temple is under encroachment by 407 persons by way of slums and dwelling houses, shops and buildings etc., and a list of encroachers and plan of the site are filed along with the status report. The Commissioner has also filed additional counter-affidavit, stating that the said encroachers came into possession through multiple sale transactions, in spite of there being a request made by the then Assistant Commissioner, Endowments Department, in the year 1988 vide Rc.No.E/3197/1988 dated 16.09.1988, to the Sub-Registrar, Azampura, to cancel the registrations and also not to entertain further registrations. The Assistant Commissioner also addressed to the Town Planner, M.C.H., to demolish the illegal constructions and not to accord permissions for further constructions. It is further stated in the additional counter-affidavit that, in the year 2001, the occupants of the lands have submitted a representation on 03.10.2001 on behalf of Shiva Keshava Nagar Residents Association, for regularization of their occupation of the respective lands as they were ignorant of the title of the lands, and thereafter in the year 2002, the Endowments Department conducted a survey and identified the aforesaid encroachments covering the extent of Ac.19-22 gts. But, still a further detailed survey has to be conducted for identifying the persons who are in actual possession, which requires considerable time and, further, in view of the orders of this Court in W.P.No.11812 of 2005 dated 07.06.2005 and 22.11.2005, no proposal under Section 89 (2) of the Act 30/1987 can be entertained as of now and, thus, after getting all the details and taking into consideration the representations of the encroachers as also the interest of the institution, necessary steps will be initiated as per law in due course of time. Further, it is stated that as on date, no action is initiated against the original tenants who are responsible for the illegal sale transactions, as the writ petitions filed by them claiming themselves to be protected tenants of the property are pending before this Court, but however, it is proposed to take up necessary criminal and civil proceedings and that as per the provisions under Section 83 of the Act 30/1987, all the occupants can be treated and declared as encroachers of the temple property and evicted therefrom by following due process of law, or otherwise, as the property is under encroachment since 20 to 30 years, proceedings under Section 89 of the Act can also be taken up with the permission of this Court. It is, thus, stated that in view of the factual position as stated above, at least a minimum time of six months is required for the whole process of detailed survey in order to identity the encroachers and obtaining the proposals either for eviction under Section 83 of the Act 30/1987 or for effecting compromise under Section 89 thereof. Heard the learned counsel for the petitioners and the learned Government Pleader for Endowments appearing for the respondents. Though the petitioners filed the present writ petition, alleging that they are protected tenants of the subject lands and respondents are trying to dispossess them from the subject lands, the fact remains, as submitted by the learned counsel for the petitioners, during the pendency of the writ petition, the petitioners have converted the subject lands, which are agricultural lands, into house sites and sold them to third parties and now third parties are in possession of the land by constructing pucca houses. According to the respondents, the subject lands are endowed properties belonging to Sri Balaji Mahadevji Temple and the petitioners were the occupants thereof and that there are several encroachments into the lands of Sri Balaji Mahadevji Temple situated at Madannapet, Hyderabad, by way of multiple sale transactions. In view of this factual situation, the 2nd respondent, in his additional counter-affidavit, also stated that necessary criminal and civil proceedings are proposed to be taken up against the persons responsible for illegal sale transactions and that at least a minimum time of six months is required for conducting a detailed survey in order to identity the encroachers and obtaining the proposals either for eviction of the encroachers under Section 83 of the Act or for effecting compromise under Section 89 thereof. In view of this factual background and the stand taken by the respondents, I am of the considered opinion that the petitioners are not entitled to the relief prayed for and the writ petition is liable to be dismissed. Accordingly, the writ petition is dismissed. No order as to costs. __________________ JUSTICE N.V. RAMANA 30th September, 2010 IBL