The Court disposed of a writ petition regarding a dispute over temple land by directing respondents not to interfere with the petitioner's peaceful possession and enjoyment of the subject property.
Respondents not to interfere with the peaceful possession and enjoyment of the petitioner over the subject property.
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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No. 1195 of 2020
ORDER:
Heard learned counsel for the petitioner, and also heard learned Assistant Government Pleader for Panchayat Raj and Rural Development appearing for respondent Nos. 1 and 2, Sri V. Vinod K. Reddy, learned standing counsel for Gram Panchayat appearing for respondent No. 3, learned Assistant Government Pleader for Revenue appearing for respondent No. 4, and learned Assistant Government Pleader for Home appearing for respondent No. 5.
The present writ petition is filed to declare the action of the respondents in insisting the petitioner to vacate from the temples and enclosed site properties admeasuring to an extent of Ac.0.06 cents situated in Survey No.2245/1 of Pakala Revenue Village, Pakala Mandal, Chittor District, without following due process of law as illegal and arbitrary.
Learned counsel for the petitioner submits that one Sri Lakshmaiah is the absolute owner of the aforesaid property, having acquired the same from his ancestors. The said Lakshmaiah gifted the said property to Chittor Palyam, who is the petitioner’s grandfather, for constructing Sri Ramulavari Bhajana Mandiram in the aforesaid property and appointed the petitioner’s grandfather as trustee of the said bhajana mandiram vide Doc.No.2589/1928 dated 10.12.1928 of Pakala Joint Registrar Office. Since then, the petitioner’s grandfather worked as trustee till his demise. During the lifetime of the petitioner’s grandfather, he executed a registered will dated 27.07.1926 in favour of his only daughter by name Rukminiammal and her son Lokanadham, who is the petitioner’s
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father, bequeathing all his properties to them. After the demise of the petitioner’s father, the petitioner was inducted into the possession of private properties and also has been continuing as trustee of the said trust. While so, to the surprise of the petitioner, the respondent authorities visited the subject property and insisted the petitioner to vacate the temple and enclosed properties stating that the aforesaid property is the Gramakantam land vested with 3rd respondent and is required for laying road.
At the first instance, this Court by order dated 21.01.2020 directed the respondents to maintain status quo obtaining as on that day with regard to the property i.e., bhajana mandiram in an extent of Ac.0.06 cents covered by Survey No.2245/1 of Upparapalli Village of Pakala Mandal, Chittoor District.
The 4th respondent filed counter affidavit and vacate stay petition. Learned Assistant Government Pleader for Revenue appearing for 4th respondent, while reiterating the averments in the counter, submits that the said bhajana mandiram is in existence in Survey No.2245/1. In fact, the respondents laying road in Survey No.2245/3 of Pakala Village which is classified as “Gramakantam”. There is no connection of the lands in Survey No.2245/1 claimed by the petitioner and land in Survey No.2245/3 “Gramakantam” (Village site).
Having considered the facts and circumstances of the case and the submissions of both the counsel, the Writ Petition is disposed of directing the respondents not to interfere with the peaceful possession and enjoyment of the petitioner over the subject property. There shall be no order as to costs.
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Consequently, miscellaneous petitions, if any, pending in
this writ petition shall stand closed.
______________________________________ VENKATESWARLU NIMMAGADDA, J
22nd July, 2022. cbn
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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
(disposed of)
WRIT PETITION No. 1195 of 2020
22nd July, 2022
CBN
2 issues framed by the court
Whether the action of respondents in insisting petitioner to vacate temple property without following due process is illegal
Whether a direction to maintain status quo in peaceful possession is warranted
Petitioner (grandson of the original donee)
Appropriate Authority (Panchayat Raj and Rural Development)
Gram Panchayat
Revenue Authority
Home Authority
VENKATESWARLU NIMMAGADDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
