Katakam Malakondeswari v. The District Collector,

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION Nos.27904 of 2008, 5762 and 9345 OF 2009 COMMON ORDER:

All these writ petitions are inter-related, they are taken up together for disposal by this common order.

The petitioners in all these writ petitions claimed to be the absolute owners and possessors of various extents of lands in different survey numbers situated in Bit-I, Kottur Village and Panchayat, Nellore District.

The main grievance of the writ petitions is that the respondent-authorities without following due process of law are trying to evict the petitioners from their lands. Hence, present writ petitions are filed seeking appropriate direction. Heard Sri A.Satish Babu, Sri P.Narahari Babu and Sri M.Subba Reddy, learned counsel for the petitioners; and Sri A.Srikanth Reddy, learned Standing Counsel for respondent temple.

The learned Standing Counsel for the respondent-temple submits that they have already filed OA.Nos.430, 426, 428, 443, 439, 425, 440, 431, 438 of 2014 against the petitioners in WP.No.5762 of 2009; OA.Nos.434, 427 and 435 of 2014 against the petitioners in WP.No.27904 of 2008; and OA.No.444 of 2014 against the petitioner in WP.No.9345 of 2009 before the Endowments Tribunal under Section 83 of A.P.Charitable Hindu Religions Institutions and Endowments Act, 1966. He also submits that the respondents without following due process of law, will not evict the petitioners.

In view of the fact that the respondents have already filed OAs before the Endowments Tribunal against all the petitioners and the same are pending adjudication, and considering the submission of the learned Standing Counsel that the petitioners will not be evicted without following due process of law, this Court deems it appropriate to dispose of the writ petitions directing the respondents not to evict the petitioners without following due process of law. Since the OAs filed by the respondent-temple are pending consideration before the Endowments Tribunal, the respondents can take action only depending upon the result in the OAs.

With the above direction the writ petitions are disposed of. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed.

_____________________________ A.RAJASHEKER REDDY, J 31.08.2015 tk