HONOURABLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION NO: 4784 of 2006 ORDER: Sri Suvarneswara Swamy Devasthanam, Ganapavaram, West Godavari District/the 4th respondent herein issued a notice dated 28/02/2006 proposing to conduct auction of leasehold rights in respect of Ac.3.36 cents of land in Sy.No.341/7 and Ac.3.01 cents in Sy.No.344/6 of that village. The petitioners challenge the said notice on the ground that they are in possession and cultivation of the land as inamdars for the past several decades and that the temple has no right to conduct auction of leasehold rights. They contend that the procedure prescribed under Section 77 of the A.P. Charitable, Hindu Religious and Endowments Act (for brevity ‘the Act’) was not followed. On behalf of the respondents a detailed counter-affidavit has been filed. It is stated that the temple is the owner, so much so that its name is recorded in the revenue records. Sri Meherchand Nori, learned counsel for the petitioners, submits that the land was granted as inam by the erstwhile Nuzvid Raja’s to the family of the petitioners, and ever since then, it is being cultivated by them. He contends that on behalf of the 4th respondent, notice was got issued on 21/01/2006 and a suitable reply was given thereto. Learned counsel further submits that the impugned notice cannot be sustained in law. Learned Government Pleader for Endowments and learned counsel for the 4th respondent, on the other hand, submit that the necessity to invoke Section 77 of the Act would arise if only the land is not recorded in the name of the religious institution, and that in the instant case, the 4th respondent is recorded as the owner of the land in revenue records. They further submit that the notice was issued in respect of land in Sy.No.341/7 and Sy.No.344/6, whereas the petitioners are making claim vis-à-vis the land in Sy.Nos.341/5 and 344/4. Before undertaking further discussion, it is necessary to note the identity of the land which is the subject matter of the impugned auction notice. Not only in that notice but also in the lawyer’s notice dated 21/06/2006 got issued by the 4th respondent, the survey numbers of the land are mentioned as 341/7 and 344/6 admeasuring Ac.3.36 cents and Ac.3.01 cents respectively. The claim of the petitioners, on the other hand, is in respect of the lands in Sy.Nos.341/5 and 344/4. It is just understandable as to how the petitioners could have raised objection when an altogether different land was sought to be proceeded. The principal contention advanced on behalf of the petitioners is that they are the inamdars in respect of the land and unless the procedure prescribed under Section 77 of the Act is followed, they could not have been evicted. Section 77 of the Act prescribes a detailed procedure, to be followed, before an inamdar or any person claiming right through him is evicted. The proceedings would culminate in entry of the name of the religious institution in the revenue records. Had it been the case, where the petitioners are owners or inamdars and their names are sought to be substituted with that of the 4th respondent, the necessity would certainly have arisen to invoke and follow Section 77 of the Act. It is not in dispute that the 4th respondent is already recorded as the owner of the lands in the revenue records. The occasion to invoke Section 77 of the Act does not exist. Across the bar, the learned counsel for the petitioners submits that in any event, the procedure under Section 83 of the Act ought to have been followed for eviction the petitioners. Even that does not arise since the petitioners do not claim any right vis- à-vis the land mentioned in the auction notice. The Writ Petition is therefore dismissed. It is directed that the respondents 3 and 4 shall take steps to recover the rents for the lands for the past four years, from such of the persons who have been in enjoyment thereof and proceed with the auction of the leasehold rights of the lands forthwith. There shall be no order as to costs. ____________________ L.NARASIMHA REDDY, J 08th June, 2010 SKM