Dantanala Veera Chari v. The Commissioner,

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.2700 OF 2009

O R D E R

This writ petition is filed for a writ of mandamus declaring the inaction the respondents 1 to 3 in protecting the property of the temples to an extent of 21 cents in Sy.No.199/1 situated at Pamuru Village and Mandal, Prakasam District from alienation by the respondents 4 to 6, as illegal and arbitrary and for a consequential direction to the respondents 1 to 3 to initiate legal proceedings against the respondents 4 to 6 to retain the land of the temple.

The 3rd respondent filed counter stating that respondents nos.4 and 5 have given the property in issue on a 99 year lease to respondent No.6. Thereafter, the 3rd respondent appointed R.V.Bramaiah, the Executive Officer of Sri Narayana Swamy Temple, Mittapalem which is a nearby temple, as Custodian of the institution. The said Brahmaiah issued notices to respondents 4 to 6 and stopped unauthorised constructions. The 3rd respondent also addressed a letter dated 18.02.2009 to the Sub-Registrar, Kanigiri requesting not to entertain any registrations with regard to the property in issue. It is further stated in the counter that the 99 year lease agreement was cancelled by respondent 4 to 6 themselves and the property is in the possession of the institution. The averments in the counter would show that action was initiated and the property in issue has been restored to the custody of the institution.

In view of the above, the writ petition stands disposed of. No costs.

As a sequel, miscellaneous petitions pending if any, shall stand closed.

____________________________ A.RAJASHEKER REDDY,J

Date: 22.09.2015 dv