Writ petitions under Article 226 are not maintainable for disputes that fall under the jurisdiction of specialized tribunals, necessitating petitioners to seek remedies through the appropriate statutory channels.

ORDER :

This writ petition is filed under Article 226 of the Constitution of India for the following relief:

“….to issue a writ or order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in conducting public auction for the land in Sy.No.261 to an extent of Ac.-186 cents situated at Jammunarayapuram Village, Vizianagaram Mandal and District, is illegal, arbitrary, violation of the principles of the natural justice and contrary to the provisions of the A.P.Charitable Hindu Religious Institutions and Endowments Act, 1987 and consequently direct the respondent not to conduct auction / dispossess the petitioner from the above said land and pass…”

2. Brief facts of the case are that the Petitioner claims to be in possession of the land in Sy.No.22/1 to an extent of Ac.1.86cents and the land originally belonged to one Sri. Krishna Shastri, who purchased the land in the year 1910 from one Latchamma. The said Krishna Shastri is pujari of the Respondent No.5 temple and who in turn granted a Budhan Patta in favour of the petitioner on 24.02.1970. Since then, the Petitioner claims to have been in possession of the above said land, paying rents to Respondent No.5 for the past 30 years, cultivating the land by raising mango thopes and eking out his livelihood from doing agriculture in the above said land. It is stated that the aforementioned temple is a private temple and there was a dispute among its trustees. The Petitioner alleges that Respondent No.5, after being appointed as Executive Officer, announced a public auction for the above said land by a tom tom on 24.05.2016, to be held on 30.05.2016. The action of the Respondent No.5 conducting public auction without any enquiry, without issuing notice, and without following the procedure contemplated under the Andhra Pradesh Charitable & Hindu Religious Institutions and Endowments Act, 1987, is illegal and arbitrary. Questioning the action of the respondents, the petitioner preferred the present writ petition.

3. This Court, vide order dated, has granted interim direction as under:

“….Post on 6.6.2016.

Meanwhile, there shall be status quo with regard to the possession of the land in Sy No.26-1 to an extent of Ac 1.86 cents situated at Jammu Narayanapuram Village, Vizianagaram Mandal and District.”

4. The counter-affidavit has been filed by Respondent No. 5. While denying the allegations made in the petition, inter alia, stated that the temple has the ownership of mango thope measuring Ac. 2.00 cts in Sy.No.22/3D(old) citing U/Sec. 25 of Act, 1955 and the same was approved by the Deputy Commissioner, Endowments Department 14.03.1957. As per Sec. 46(3) of Act 30/87 all entries made in the statutory register are genuine unless contrary is proved. Further the temple was registered U/Sec. 43 of Act 30/87 and the same was approved by the Assistant Commissioner, Endowments Department vide Registration No.89, dated: 17.05.1996. This mango garden was put to public auction and the income derived from the produce is utilized for the daily rituals of the deity. It is further stated that the mango garden was given to the Petitioner by a bhoodanpatta dated 24.02.1970 is false, concocted and made for the sake of the writ petition. It is further stated that initially the temple was managed by the managing trustees and the present single trustee is appointed in the year 2016. Respondent No.5 further stated upon taking the charge and verifying the records, the single trustee has derived that the income from mango garden's produce, which was to be utilized for the daily rituals through public auction, was not done all these years. As such, the single trustee after obtaining the permission from Assistant Commissioner, Endowments Department, Vizianagaram on 19.05.2016 has issued auction notification dated 19.05.2016 for conducting public auction of the produce of the mango thope on 30.05.2016 for a period of three years from 01.07.2016 to 30.06.2019. While