IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF JANUARY, TWO THOUSAND TEN PRESENT:
THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.21840 of 2002 Between:
Smt. Janardhana Sridevamma … Petitioner And The Commissioner of Endowments, Endowments Department, Nellore District & others.
… Respondents Counsel for the petitioner : None Counsel for respondent No.1: AGP for Endowments This Court made the following:
THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.21840 of 2002 ORDER:-
In this writ petition, the petitioner sought for a Mandamus to direct the respondents not to dispossess her from the land in Sy.Nos.70 and 70/A of Indupur Revenue Village, Alluru Mandal, Nellore District till suitable pay scales are fixed.
At the hearing, there is no representation for the petitioner. Heard the learned Assistant Government Pleader for Endowments. The case of the petitioner is that she is the Archaka of Prasanna Venkateswra Swamy Temple, Indupur Village and that in that capacity she is in possession of the land admeasuring Ac.4.62 cents comprised in the abovementioned survey numbers. According to her, she cannot be dispossessed from the land in question until pay scales are fixed to her. She placed reliance on proceedings dated 04.12.2001 of the Commissioner, Endowments. The petitioner filed this writ petition questioning the auction notification issued by respondent No.2.
Initially, interim direction was granted by this Court on 01.11.2002 directing respondent No.1 not to approve the lease in pursuance of the auction held on 21.10.2002. Respondent No.3 got himself impleaded in the writ petition and filed vacate stay petition. Respondent No.3 pleaded that in the auction held by respondent No.2, he emerged as the highest bidder and that possession was delivered to him. By order dated 21.12.2002, this Court vacated the interim order with a direction to respondent No.2 to fix the pay scales of the petitioner within a period of four weeks. The land admittedly belongs to the temple. The petitioner, being Archaka, is only entitled to fixation of salary. A direction to that effect has already been granted and respondent No.3, who was the highest bidder, was evidently put in possession following the vacation of the interim order. In the light of these facts, the relief claimed by the petitioner that she should not be dispossessed from the land in question cannot be granted. If pay scales have not been fixed so far, as directed by this Court, respondent Nos.1 and 2 shall ensure that pay scales are fixed for the petitioner as early as possible.
Subject to the above direction, the writ petition is disposed of.
C.V. NAGARJUNA REDDY, J Date: 21.01.2010 ES