The High Court of Andhra Pradesh dismissed a writ petition invoking Article 226 seeking a writ of Mandamus to restrain the removal of temple agricultural lands, holding that the cause does not survive as it has become infructuous.
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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
THURSDAY, THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 20556 OF 2012
Between:
Sri.Anjaneya Swami Devalaya Bhakta Mandali, Karivena (V&P), Atmakur (Tq), Kurnool District (Registered under Societies Registration Act) Represented by its President, Sriramula Pedda Naganna, S/o. S.Venkateshwarlu, Karivena (V & P), Atmakur (Tq), Kurnool.
...Petitioner
AND
...Respondents
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 any writ or order or direction, more particularly in the nature of a writ of Mandamus, declaring the action of the Respondents in attempting to take away agricultural lands from the possession and the enjoyment of the Petitioner, to an extent of Acres 4.03 cents in Sy.No.891 of the deity of Sri. Anjaneya Swami Temple, situated in Karivena Village, Atmakur Mandal, Kurnool District, which is not included in the list of
Endowments, without following the due process of law and without giving any notice and opportunity in violation of The AP Charitable & Hindu Religious Institutions & Endowments Act 1987 and the Rules, as arbitrary, illegal and in violation consequently direct the Respondents not to take away the land from the possession and enjoyment of the Petitioner without the due process of law, in the interest of justice.
I.A. NO: 1 OF 2012(WPMP. NO: 26363 OF 2012t
Petition under order 39 Rule 1 and 2 R/w Section 151 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant interim direction restraining the Respondents in attempting to take away agricultural lands from the possession and the enjoyment of the Petitioner, to an extent of Acres 4.03 cents in Sy.No.891 of the deity of Sri Anjaneya Swami Temple, situated in Karivena Village, Atmakur Mandal, Kurnool District, pending the Writ Petition in the interest of justice as otherwise the Petitioner will suffer irreparable loss and damage.
Counsel for the Petitioner: SRI. SHAFATH AHMED KHAN
Counsel for the Respondents Nos.1 to 2: GP FOR ENDOWMENTS(AP)
The Court made the following Order:
APHC010138832012
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
THURSDAY,THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FOUR
[3310]
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PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 20556/2012
Between:
Sri. Anjaneya Swami Devalaya Bhakta Mandali ...PETITIONER
AND
The Commissioner and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1.SHAFATH AHMED KHAN
Counsel for the Respondent{S):
1.GP FOR ENDOWMENTS
The Court made the following Order:
Mr.Shafath Ahmed Khan, learned counsel for the petitionersubmitsthat the cause in the present writ petition does not survive,and it has become infructuous.
- Recording the above submission, the Writ Petition is dismissed as Infructuous.
There shall be no order as to costs.
miscellaneous applications pending, if any shall stand As a sequel
closed.
Sd/- M SRINIVAS //TRUE COPY// ASSISTANT REGISTRAR
SECTION OFFICER
To,
KP
HIGH COURT
DATED: 18/07/2024
ORDER
WP.No.20556 of 2012
DISMISSING THE WP WITHOUT COSTS
Sri. Anjaneya Swami Devalaya Bhakta Mandali
The Commissioner, Endowments Department, Andhra Pradesh
The Office of the Assistant Commissioner, Endowments Department Kurnool
K MANMADHA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
