IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE 6th DAY OF SEPTEMBER, TWO THOUSAND AND TEN PRESENT HON'BLE SRI JUSTICE A.GOPAL REDDY AND HON'BLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.660 of 2009 Between: Amar Jyothi Youth & Welfare Association. … Petitioner And The District Collector and others … Respondents This Court made the following: HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.660 OF 2009 ORDER: - (Per Hon’ble Sri Justice A.GOPAL REDDY) This writ petition in the form of Public interest Litigation by Amar Jyothi Youth and Welfare Association for issuing a writ of Mandamus to the 1st to 6th respondents for protection of Government/temple lands under the control of Annapurna Devi Temple situated in T.S.No.1, Block-J, Ward No.26, Kulsumpura village, Ramsingpura, Asifnagar Mandal, Hyderabad, by removing the illegal encroachments from the land gabbers. According to the petitioner, the land in T.S.No.1, Block-J, Ward No.26, Kulsumpura village, Ramsingpura in all measuring approximately an extent of 5 acres, belongs to the Annapurna Devi temple, which is evident from the Government records in the Town Survey Register where the land is shown as Abadi and the same belongs to the Government. While so, the Telugu Daily Newspaper “Eenadu”, dated 14.11.2008, published the details of the encroachment by some antisocial elements belonging to the ruling party in the State. But so far, the Government has not taken any action to remove the illegal encroachments. Hence, the writ petition. The Tahsildar, Asifnagar Mandal-5th respondent filed a counter affidavit, on behalf of himself and respondent Nos.1 to 4, stating that during the course of inspection of Government lands by the Mandal Surveyor, it is noticed that some persons are trying to encroach the Government land in T.S.No.11/1, Block-G, Ward No.19 of Guddimalkapur village and on noticing the same, he objected and demarcated the above land T.S.No.11/1, where some structures have been raised, which are falling in between the boundaries of Kulsumpura and Guddimalkapur villages. After verification of records i.e., Town Survey Land Records, an extent of 371 sq.mts of land is falling in T.S.No.11/1, Block-G, Ward No.19 of Guddimalkapur village, which is recorded as ‘Shri Ramdas Maharaj Brahmadas’ in Col.No.20 and an extent of 1531 sq.mts of land is falling in T.S.No.1, Block-J, Ward No.26 of Kulsumpura village, which is recorded as ‘G-Annapurna Temple’ in Col.No.20 and ‘Shri Annapurna Temple Trustee Papayya, S/o.Dasham Yellaiah’ recorded in Col.No.20. It is further submitted that the Town Survey was conducted as per the A.P.Survey and Boundaries Act, 1923 during the period 1964-65 and a notification under Section 6(1) of the said Act was published recording the persons names to whom the property belongs. Further CCCA.No.9 of 2002 on the file of this court is pending, where A.P. State Wakf Board has raised certain claim over the property, and this court granted interim injunction on 29.01.2002 in C.M.P.No.626 of 2002 in the above appeal. The Assistant Commissioner, Endowment Department, Hyderabad through his letter, dated 15.11.2008, informed to the 2nd respondent marking a copy to the 5th respondent, that some individuals are trying to encroach the land belonging to Annapurna Devi Temple Ramsingh pura Karwan. On receipt of the above letter, action is being initiated for removal of the encroachment by requesting the Assistant City Planner, GHMC, Hyderabad for fixing the date of demolition on 06.12.2008. Further the Station House Officer, Kulsumpura has also requested to postpone the programme of demolition as that day is being observed as Black day. Meanwhile, the encroachers approached the city civil court and filed the suits viz., O.S.Nos.2305, 2308, 2364 and 2365 of 2008 and obtained status quo orders from any illegal encroachment and demolition in I.A.Nos.1716, 1717, 1731 and 1732 of 2008 respectively in the above suits. Once the individuals, who are in possession of the suit schedule property, have approached the civil court and obtained interim orders, a writ of Mandamus cannot be issued to the respondents to remove the encroachments, ignoring the interim orders passed by the competent civil court. Further, the A.P.Wakf board is also claiming certain properties of the same, which is subject matter of C.C.C.A.No.9 of 2002, where this Court granted injunction against Annapurna Devi temple, M/s.Annapurna Vidya Samithi and the Managing Committee Masjid-e- Toli etc. Having regard to the said fact, the District Collector, Hyderabad should take all necessary steps to see that the interim orders passed in the above I.As, to which the Tahsildar and District Collector are parties, are vacated and the suit shall be decided at an early date by filing necessary written statement and counter affidavits along with the documents. On defendants filing the written statements and counter affidavits in the said I.As., seeking vacation of the interim orders, the learned I Additional Senior Civil Judge, City Civil Courts shall decide the said suits and interlocutory applications, so that further steps can be taken by the Collector in the event if the land is found to be encroached by the encroachers as alleged by the petitioners. Meanwhile, the Endowment Department shall instruct the Assistant Commissioner of Endowments of that area, to see that the remaining land is free from encumbrance and the same will be protected from further encroachments. With the above directions, the Writ Petition is disposed of. No costs. ________________ A.GOPAL REDDY, J ____________ RAJA ELANGO, J 6th September 2010 lmv