N. Y. HANUMANTHAPPA, J.

( 1 ) THE Custodian-cum-Deputy Commissioner of Endowments, Sri Swami Hathiramji Mutt, Tirupathi, Chittoor District, is the petitioner in both the writ petitions. Since both the writ petitions raise common questions for resolution, they are disposed of by this common judgment.

( 2 ) SRI Swamy Hathiramji Mutt, Tirupathi, Chittoor District is the owner of Ac. 15. 63 cents of land in Sy. No. 57/3 situated at Tirupathi. By these writ petitions, the petitioner is seeking an appropriate writ order or direction more particularly in the nature of a writ of mandamus declaring the action of the respondents 1 to 3 in acquiring the land in Sy. No. 57/3 in an extent of Ac. 15. 63 cents at Tirupathi without following the procedure laid down under the Land Acquisition Act and without payment of just compensation and further allowing respondents 4 to 12 in encroaching the land in Sy. No,57/3 in an extent of Ac. 15. 63 cents belonging to the petitioner (Mutt) without any manner of right or interest as illegal, arbitrary and violative of the Article 14 of the Constitution of India and consequently direct the respondents to follow due procedure contemplated under the Land Acquisition Act and not to encroach or alienate the property of the petitioner-institution (Mutt ).

( 3 ) ACCORDING to the petitioner, the said land was proposed for acquisition by Tirumata Tirupathi Devasthanams (for short TTD) and by its order dated 23-12-1990, issued by the then Executive Officer of TTD, followed by another letter addressed by the Commissioner of Endowments dated 28-12-1990 it was proposed to hand over the property to TTD Mutt. However, possession of the said property was handed over to the Mutton 18-3-1991 and an endorsement was made recording the delivery of possession and taking over of possession, by both sides, supported by proceedings of the Government in its letter dated 7-8-1993 extracted hereunder:"government of Andhra Pradesh Revenue (Ends-II) Department Memorandum No. 100371/endts. II-1/92-1, dated 7-8-1993. Sub : Endowments - Religious - Chittoor District - Sri Swamy Hathiramji Mutt - Tirupathi - Acquisition of land measuring Ac. 15. 63 cts out of Ac. 30. 63 cts in Sy. No. 57/3 Avilala (v) Chittoor District in favour of TTD, Tirupathi - Rectification - Orders -Issued, Ref : From the CED Hyd. , Lr. No. M3/5600/ 91, dated 20-10-1992. In view of the circumstances reported by the Commissioner, Endowments, Hyderabad in the reference cited, Government after careful examination and consideration of the matter hereby rectify the action of the Commissioner, Endowments Dept. , Hyderabad in having given consent to the Executive Officer, Tirumala Tirupathi Devasthanams, Tirupathi for acquisition of the land Ac. 15. 63 cts in Sy. No. 57/3 of Avilala (v) Chittoor Dist, belonging to Sri Swamy Hathiramji Mutt, Tirupathi subject to payment of compensation at the prevailing market value, in the interest of the Mutt. (2) The Commissioner, Endowments Department, Hyderabad shall take further necessary action in the matter. V. S. Prakasa Rao Joint Secretary to Government. "the further case of the petitioner-Mutt is that inspite of handing over possession of the land in question, TTD has not taken steps to issue notification under the Land Acquisition Act. Taking advantage of the situation, some third parties have started setting up their claims, as such it is necessary to grant relief as sought for. Thus contending Shri Ramamohan Reddy requested that the petitions be allowed.

( 4 ) SHRI Rajagopal Rao, learned Government Pleader appearing for the State submitted that during the pendency of the proceedings records have been built up to issue notification under Section 4 (1) of the Land Acquisition Act. However, the same could not be finalised because of pendency of these writ petitions. He further submitted that if the TTD desires, proceedings will be issued under the Land Acquisition Act.

( 5 ) SHRI Adinarayana Raju, learned Standing Counsel for

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