CHINTHA NARASIMHA SWAMY Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) This batch of cases, even though filed by different petitioners as separate writ petitions has common facts and common issues of law. Accordingly all these cases are being disposed of by this common order.

(2.) The facts necessary for disposal of this batch of writ petitions, are as follows:- In the year 1993, the 2nd respondent Temple herein, filed O.S.No.76 of 1993 in the Court of the II Additional District Munsif, Amalapuram, against 22 defendants. Defendant Nos.1 to 4 were members of the family of the Archakas of the Temple. Defendant Nos.5 to 22 were said to be the persons in illegal occupation of the land belonging to the temple. The prayer in the suit was for permanent injunction restraining the defendants from making any construction in the plaint schedule property and for a mandatory injunction to remove the structures, which were already constructed. This suit was dismissed by the trial Court by way of a judgment and decree dated 10.07.1997 and the same has become final as no appeal had been filed against the said judgment and decree. Thereafter, in the year 2016, members of the families of the Archakas of the temple had filed before the erstwhile High Court at Hyderabad for the State of Telangana and the State of Andhra Pradesh. The contention of the Archakas/petitioners in that writ petition, was that the respondents therein, being the authorities under the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for Short 'the Act') as well as the revenue department and Gram Panchayat, were not protecting the properties of the temple, which were being encroached by third parties. The Hon'ble High Court by an order dated 19.02.2016 had directed respondent Nos. 2 to 4 therein to take necessary steps to protect the property belonging to the temple and to take necessary steps forthwith for removal of encroachments, if any. The said writ petition, as will be mentioned in the later part of this judgement, has been disposed of recently.

(3.) In the year 2018, three petitioners, who are other members of the family of the Archakas of the 2nd Respondent temple, including petitioner No.3 in W.P.No.5319 of 2016, had again approached the erstwhile High Court at Hyderabad for the State of Telangana and the State of Andhra Pradesh, by way of W.P.No.4884 of 2018. The contention of the Archakas/petitioners in that writ petition was that the property given to the Archakas of the temple, viz., Ac.7.80 cents of land in Rs.No.73 and Ac.0.40 cents of land in R.S.No.62/5 of Tottaramudi Hamlet of Mukteswaram Village, Inavelli Mandal, was being encroached upon by various persons, and the respondents were not taking any steps to protect the property against the encroachments or remove the illegal encroachments. Five of the respondents in W.P.No.5319 of 2016 were also arrayed as respondents in W.P.No.4884 of 2018. The Regional Joint Commissioner, Endowments, Rajahmundry, the Superintendant of Police, East Godavari District, and the Sub-Inspector of Police, Inavilli Police Station, were added as parties to W.P.No.4884 of 2018. The Tahsildar, Inavilli Mandal, who was arrayed as respondent No.5 in W.P.No.5319 of 2016 was dropped in W.P.No.4884 of 2018. The Hon'ble High Court had again passed an interlocutory order dated 15.02.2018, in I.A.No.1 of 2018, directing the respondents to comply with the directions given in W.P.No.5319 of 2016 and to remove the encroachments by following due procedure prescribed by the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short 'the Act') and the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Tribunal Rules, 2010 (for short 'the Rules') and the judgments of the Hon'ble High Court. This writ petition is also pending.