M NAGARAJU Vs. COMMISSIONER OF ENDOWMEN DEPARTMENT

JUDGEMENT

(1.) This Writ Petition is filed seeking a direction by way of mandamus to declare the action of the respondents in alienating the land in Sy.No. 430-2B admeasuring Ac.6-59 cents belonging to Sri Anjaneya Swamy Temple in Kalyandurg Polam, Ananthapur District pending consideration of the representation of the petitioner dated 16.08.2007, without following due process of law as illegal, unjust and in violation of principles of natural justice. It is the case of the petitioner that the late father of the petitioner was cultivating the land belonging to the third respondent - temple covered under Sy.No. 430-2B admeasuring Ac.6-59 cents in Kalyandurg Polam, Ananthapur District and was paying lease amounts to the temple without any default. It is stated that after the death of his father, his mother and himself are cultivating the land by paying the lease amounts to the temple without committing any default. It is further stated that when the respondents tried to dispossess him he filed suit in O.S.No. 152 of 2006 on the file of the Court of the Junior Civil Judge, Kalyandurg and the same was decreed by judgment and decree dated 06.02.2007.

(2.) In this Writ Petition it is the grievance of the petitioner that he submitted a representation to the respondents 1 and 2 on 16.08.2007 requesting them to sell the aforesaid land to him at the market value. In spite of the same, the respondents are not considering the said representation, but on the other hand, they are trying to alienate the said land in favour of third parties. Petitioner claimed that as he is in possession of the land as a lessee, unless his representation is considered, the respondents should not take any steps for alienation of the aforesaid land in favour of third parties.

(3.) The 4th respondent i.e. Tahsildar, Kalyandurg Mandal and the 3rd respondent - temple have filed separate counters.