Disposed

Devishetti Krishnaperumallu v. the State of Andhra Pradesh

Andhra Pradesh HC11 Sept 2023WP/11937/2022

Case brief

AI extract

What is this about?

Petitioner filed a writ petition seeking execution of a registered sale deed regarding temple property. The court noted the petitioner failed to annex a family member certificate. It directed the petitioner to submit a fresh representation with documents; upon receipt, the respondent authorities must decide within four weeks.

What did the court decide?

Writ Petition disposed. Petitioner directed to submit fresh representation with documents within 4 weeks. Respondent authorities directed to decide within 4 weeks thereafter.

Devishetti Krishnaperumallu Vs the State of Andhra… — Property and Title | Andhra Pradesh HC (2023)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI~` (Special Original g Jurisdiction)

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A 1 k,

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fr MONDAY, THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION NO: 11937 OF 2022

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Between:

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Devishetti Krishnaperumallu, S/o Late Srinivasulu, aged about 54 years, R/o Vinjamur village and Mandal, SPSR Nellore District.

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...Petitioner

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AND

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The State of Andhra Pradesh, rep. by its Principal Secretary, Endowment Department, Secretariat, Amaravathi, Guntur District.

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The Commissioner of Endowment State of A.P., Vijayawada.

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The Assistant Commissioner of Endowments, Nellore, SPSR Nellore District.

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Sri Chennakesavaswamy Temple, rep. by its Executive Officer, Vinjamuru village, Udayagiri Mandal, SPSR Nellore District.

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...Respondents

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondent authorities in taking steps to issue orders to the 4«' respondent for execution of the registered Sale Deed in favour of the petitioner in respect of Plot No. 8 in Sy.No. 792/1 situated at Vinjamur village and Mandal, SPSR Nellore District, inspite of the written representation dt. 13.5.2021 followed by personal visits, as being illegal, arbitrary, unjust and unconstitutional and consequently direct the respondent authorities to execute the registered Sale Deed in favour of the petitioner in respect of the above mentioned property pursuant to the Sale confirmation orders issued by the 2"d respondent dt. 28-7-1977 bearing D.Dis.No.C1/37804/77, and to grant.

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IA NO: 1 OF 2023

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to receive the counter affidavit of the 2"d respondent on record by allowing the leave petition in the above Writ Petition.

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IA NO: 1 OF 2022

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to pass orders directing the respondent authorities to consider and pass orders on the representation d. 13-05-2021, pending disposal of the main Writ Petition, in the interest of justice.

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Counsel for the Petitioner: SRI G VENKATESWARLU

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Counsel for the Respondents 1 to 3: GP FOR ENDOWMENTS

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Counsel for the Respondent No.4: SRI G RAMANA RAO,

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(SC FOR ENDOWMENTS RAYALASEEMAREGION)

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The Court made the following: order

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IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI

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THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION No.11937 OF 2022

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Devishetti Krishnaperumallu, S/o late Srinivasulu, Aged about 54 years, R/o Vinjamur Village and Mandal, SPSR Nellore District.

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... Petitioner

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Versus

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The State of Andhra Pradesh, Represented by its Principal Secretary, Endowments Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District-522237 and three (3) others.

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... Respondents

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Counsels for the petitioner : Sri G.Venkateswarlu

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Counsel for respondents GP for Endowments for R 1 to R3 and Sri G.Ramana Rao, Standing Counsel for R4.

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ORDER

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The present writ petition under Article 226 of the

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Constitution of India is filed seeking the following relief:

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"... to issue an appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondent authorities in taking steps to issue orders to the^4th respondent for execution of the registered sale deed in favour of the petitioner in respect of Plot No.8 in Sy.No.792/ 1 situated at Vinjamur Village and Mandal, SPSR Nellore District, in spite of the written representation dated 13.05.2021 followed by personal visits, as being illegal, arbitrary, unjust and unconstitutional and consequently direct the respondent authorities to execute the registered sale deed

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Page 2 of 8

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SRS, J W.P.No.11937/2022

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in favour of the petitioner in respect of the above mentioned property pursuant to the sale confirmation orders issued by the 2nd respondent dated 28.07.1977 bearing D.Dis.No.C1/37804/77 and to grant such other order or orders in the circumstances of the case".

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The averments, in brief, are that an extent of Ac.2.28 cents in Sy.No.79 1/1 belonged to the 4th respondent Temple was divided into plots. Public auction was conducted on 19.06.1977. Petitioner's father participated in the auction and became the highest bidder in respect of Plot No.8, of an extent of 33 Ankanams for Rs. 10,200/-. The 2nd respondent confirmed the sale and issued proceedings vide D . Dis. No. C l / 37804 / 77 directing the hereditary trustee of the 4th respondent Temple to get the sale deed registered in favour of the highest bidder who paid an amount of Rs. 10,200/- in two instalments on 19.06.1977 and 21.07.1977. Possession was also delivered. The father of the petitioner after obtaining permission from the Grama Panchayat constructed a residential house and the same was assessed by the local authorities.

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(a) Father of the petitioner died on 25.02.20 19 leaving behind the petitioner as his legal heir. Petitioner approached the Executive Officer of the 4U1 respondent Temple and requested to execute sale deed in his favour. However, the Executive Officer

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Page 3 of 8

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sRs, J W.P.No.11937/2022

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of the 4th respondent Temple expressed its inability. Petitioner submitted representation on 13.05.2021 to the respondent authorities requesting to issue necessary orders. Since no orders were passed, writ petition is filed.

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4th respondent filed counter-affidavit. It was contended inter alia that the^4th respondent Temple was published under Section 6(b) of the A.P.Charitable and Hindu Religious Institutions and Endowments Act, 1987 and the same is under the administrative control of the Deputy Commissioner, Endowments Department, Guntur.

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(a) Plot No.8 admeasuring an extent of 1080 Sq.feet was auctioned as per Rules, 1977 by the then hereditary trustee of the Temple. Petitioner's father became the highest bidder for Rs. 10,200/- and the sale was confirmed on 19.07.1977 by the Commissioner of Endowments. Hereditary trustee did not register the document in favour of the highest bidder. Highest bidder died on 25.02.2019. Petitioner submitted a representation requesting the respondent authorities to register sale deed in favour of the petitioner. Petitioner did not produce

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Page 4 of 8

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SRS, 1 W. P. No. 11937/2022

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family members' certificate which is necessary and eventually prayed to dismiss the writ petition.

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2nd respondent filed separate counter-affidavit. It was contended inter alia that in fact, the Assistant Commissioner, Endowments Department, Nellore has submitted proposals for sale of endowed properties of 4th respondent Temple under Section 74 of the Act 17 of 1966 including land of an extent of Ac.2.28 cents in Sy.No.795/ 1 of Vinjamur Village. Preliminary notification was issued calling for objections vide notice No.Cl/7885/76-2, dated 05.04.1976. No objections were received and accordingly, the Assistant Commissioner, Endowments Department, Nellore submitted report to the Commissioner of Endowments vide letter No.A1/ 11091/75, dated 18.05.1976. The Commissioner of Endowments, Nellore accorded permission to the Managing trustee of the Temple to sell away the Temple lands including the land in Sy.No.795/ 1 in public auction. In the public auction in respect of Plot No.8 one Devisetty Srinivasulu became the highest bidder for Rs. 10,200/ - An amount of Rs.3,400/- was paid on the same day i.e. on 19.06.1977 and the balance 2/3 of the bid amount i.e.

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Pages of 8

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SRS, J W.P.No.11937/2022

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Rs.6,800/- was paid on 21.07. 1977 and sale was confirmed by the Commissioner on 28.07.1977.

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(a) As per the terms of the auction, auction purchaser must get the sale deed registered at his own costs from the hereditary trustee of the 4th respondent Temple, however, the auction purchaser could not get the sale deed registered. Auction purchaser came into possession of the property. Petitioner approached the Court belatedly and the claim of the petitioner is barred by limitation and eventually prayed to dismiss the writ petition.

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Heard learned counsel for the petitioner, learned Assistant Government Pleader for Endowments appearing for the respondents 1 to 3 and learned Standing Counsel appearing for the 4th respondent.

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As seen from the record, there is no dispute that the auction was conducted in respect of Ac.2.28 cents in Sy.No.795/ 1 of Vinjamuru Village belonged to the 4th respondent Temple, by dividing the same into plots. One Devisetty Srinivasulu became the highest bidder in respect of Plot No.8 for Rs.10,200/-. An amount of Rs.3,400/- was

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Page 6 of 8

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SRS, J W.P.No.11937/2022

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deposited on 19.06.1977 and the remaining amount was deposited on 21.07.1977. Thus, the entire amount of Rs. 10,200/- was paid. Even possession was handed over to the highest bidder i.e. father of the petitioner. Auction amount Rs.10,200/- was deposited in the bank.

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In the affidavit, it was contended that residential house was constructed after obtaining permission from the Grama Panchayat and the same was assessed by the local authorities. The said fact was not disputed by the respondents. As seen from the counter-affidavit of the 4th respondent, permission was accorded to the hereditary trustee to execute sale deed in favour of the highest bidder; however, sale deed was not executed in favour of father of the petitioner, who is the highest bidder. In the counter-affidavit it was also contended about limitation aspect.

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As per the counter affidavit, petitioner did not annex the family member certificate along with the representation. In view of the same, this Court deems it appropriate to direct the petitioner to make a fresh representation to the 2nd respondent by enclosing relevant documents within a period of four (4)

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SRS, J W.P.No.11937/2022

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Page 7 of 8

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weeks from the date of receipt of a copy of the order. On receipt of such representation, 2nd respondent shall pass appropriate order and communicate the same to the petitioner within a period of four (4) weeks thereafter.

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With the above observations, the Writ Petition is disposed

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of. No order as to costs.

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As a sequel, pending miscellaneous petitions, if any, shall

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stand dismissed.

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SDI- K. TATA RAO DEPUTY REGISTRAR

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//TRUE COPY!!

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EC~It FFICER l

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To, l 1. The Principal Secretary, Endowment Department, Sta e^{of Andhra Pradesh,} Secretariat, Amaravathi, Guntur District.

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The Commissioner of Endowment State of A.P.,^Vijayawada.

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The Assistant Commissioner of Endowments,^{Nellore, SPSR Nellore District.} 4. The Executive Officer, Sri Chennakesavaswamy Temple,^{Vinjamuru village,} Udayagiri Mandal, SPSR Nellore District.

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One CC to Sri G Venkateswarlu,^{Advocate [OPUC]}

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One CC to Sri G Ramana Rao, (SC^{forEndowments Rayalaseema} Region) [OPUC]

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Two CCs to GP for Endowments, High Court of Andhra^{Pradesh. [OUT]} 8. Two CD Copies

RAM

HIGH COURT

DATED:11/09/2023

ORDER

WP.No.11937 01 2022

DISPOSING OF THE WP WITHOUT COSTS

Devishetti Krishnaperumallu v. the State of Andhra Pradesh

Case brief

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Devishetti Krishnaperumallu v. the State of Andhra Pradesh

Case brief

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