Writ Petition No. 14476 of 2004 · Andhra Pradesh High Court

This Writ Petition is filed seeking a declaration that the action of the first respondent in putting the lease hold rights to public auction in respect of the land situated in Survey Nos.476, 466, 468 and 470 at Epuru village, to an extent of Acs.24.00 and also another extent of Acs.68.95 cents situated in Survey Nos.597, 840, 459, 460, 462, 464 and 475 at Epuru village belonging to petitioner Nos.5 and 6 as arbitrary and illegal. This Court while directing notice to the respondents, by order dated 16.08.2004 ordered that the auction proposed under the impugned notice may go on but the same shall not be confirmed. It appears that in the auction held on 16.08.2004, the respondent Nos.6 to 9, who got themselves impleaded to the Writ Petition, were declared as highest bidders. I have heard learned counsel for the petitioners, learned standing counsel appearing for the first respondent-Temple as well as learned counsel for the impleaded respondent Nos.6 to 9.

Though the learned counsel appearing for both the parties raised various contentions, it is not necessary to go into the said issues, since it has been represented by the learned counsel for the petitioners that so far as the extent of Acs.24.00 situated in Survey Nos.476, 466, 468 and 470 at Epuru village is concerned, the petitioners are not pressing their claim. Accordingly, the writ petition so far as the said Ac.24.00 is dismissed and the interim stay granted on 16.08.2004 shall stand vacated making it clear that it is open to the first respondent to confirm the auction and to take the necessary further steps in accordance with law. However, so far as the remaining extent of Acs.68.95 cents situated in Survey Nos.597, 840, 459, 460, 462, 464 and 475 at Epuru village is concerned, the petitioner Nos.5 and 6 claim that it is a specific endowment and therefore the tenancy in their favour is not liable to be terminated by virtue of Section 82 of the A.P.Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short ‘the Act’).

Learned standing counsel appearing for the first respondent submits that under Section 87 of the Act, the Deputy Commissioner is competent to make an enquiry with regard to any claim of specific endowment. In the circumstances and particularly keeping in view that the matter involves several disputed questions of fact which cannot be investigated into by this Court in exercise of writ jurisdiction, without expressing any opinion on merits, I deem it appropriate to dispose of the Writ Petition granting leave and liberty to petitioner Nos.5 and 6 to make an appropriate representation before the Deputy Commissioner of Endowments, Guntur with regard to their claim that Ac.68.95 cents is a specific endowment within a period of four weeks from today, in which event, the Deputy Commissioner of Endowments, Guntur, shall consider the same and pass appropriate orders in accordance with law, after hearing all the parties concerned, as expeditiously as possible, preferably within a period of four weeks from the date of receipt of such representation from petitioner Nos.5 and 6.

The Manager, Sri Virupaksheswara Swami Vari Devasthanam, Epuru, Muthukuru Mandal, Nellore District (An Endowments Institution). The Assistant Commissioner of Endowments, Nellore, Nellore District. The Deputy Commissioner of Endowments, Guntur, Guntur District. The Commissioner of Endowments, Boggulakunta, Tilak Road, Hyderabad.

The Principal Secretary, Government of Andhra Pradesh, Endowments Department, Secretariat, Hyderabad.

Two CCs to G.P. for Endowments, High Court Buildings, Hyderabad (OUT).

Two CD copies.