WP/3249/1996 of Visweswaraiah Vs The Govt. of A.P. rep.by its Secretary on 31 December 2004

ORDER:

This writ petition is filed seeking a writ of Mandamus to declare theG.O.Ms.No.456 Revenue (Endowments-II) Department, dated29.09.1995 as illegal and arbitrary, and consequently, to direct therespondents not to issue house site pattas in Sy.No.60/1 to 5 ofPunganur Village, Chittoor District.Precisely, as stated in the affidavit, filed in support of the writ petition,it is the case of the petitioner that the dry land admeasuring an extentof Ac.0-48 cents in Sy.No.60/1 to 5 situated in Punganur Village ofChittoor District is an inam land of Sri Someswara Swamy temple.The petitioner, who claims to be the hereditary Archaka of the saidtemple, filed this writ petition alleging that the income from the saidland is the only source to maintain the temple but the said land isnotified by the Government for acquisition.

In the counter-affidavit filed on behalf of the respondents, it isstated that the land in question is not an inam land but is a patta landregistered in the name of the Deity Sri Someswara Swamy temple,Punganur. Even with regard to extent also, it is further stated that outof the total extent of Ac.9-67 cents in Sy.No.60/1 to 5 only an extentof Ac.6-98 cents was notified under 4(1) notification of the LandAcquisition Act and the same has been published in Chittoor District Gazette on 21.07.1996.

It is pertinent to note that in this writ petition, the petitioner hasquestioned the G.O.Ms.No.456, dated 29.06.1995, but so far as thesaid G.O. is concerned, it is an order revising the procedure to befollowed with regard to acquisition of the lands belonging to religiousand charitable institutions for the purpose of providing house sites tothe weaker sections. Nonetheless, the petitioner has not questionedany notification issued to acquire the land in question or part thereof.Therefore, in any event, it is to be seen that even with regard to theimpugned G.O., it is stated in the counter-affidavit that the same hasalready been upheld by this Court earlier.

Inasmuch as the petitioner has not questioned the land acquisitionproceedings notifying the land in question for acquisition and also inview of the averments made in the counter-affidavit that the land inquestion was already notified under the provisions of the LandAcquisition Act, no direction can be issued to the respondents not toissue house site pattas of the land in Sy.No.60/1 to 5 of PunganurVillage of Chittoor District, as prayed by the petitioner.

In that view of the matter, I do not find any merit in the writ petition.

For the foregoing reasons, the writ petition is devoid of merits and isaccordingly dismissed. No order as to costs.

____________________

R.SUBHASH REDDY, J

31.12.2004

dr

To

1 The Secretary, Revenue,

Conclusion

(Endowments-II) Department, The Government of Andhra Pradesh Secretariat, Hyderabad 2 The Dist.Collector, Chittoor Chittoor Dist.

3 The Mandal Revenue Officer

Punganur, Chittoor Dist.

4 2CCs to Government Pleader for Social Welfare, High Court Buildings, Hyderabad. (OUT)

5 2CD copies