Disposed

Malineni Chandra Shekar v. the State of Andhra Pradesh

Andhra Pradesh HC17 Mar 2024WP/6820/2024

Case brief

AI extract

What is this about?

Petitioner challenged an eviction notice issued by respondent No.4 under Section 83(2) of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 while a similar enquiry before respondent No.3 was pending. The court set aside the impugned notice and directed the parties to participate in the pending enquiry.

What the court decided

AI extract

Malineni Chandra Shekar Vs the State of Andhra… — Landlord and Tenant | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH; :AMARAVATI

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(Special Original Jurisdiction)

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MONDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN

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WRIT PETITION NO: 682n r>F

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Between:

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Malineni Chandra Shekar, S/o. Late Malineni Ramaiah, Aged about 69 years, Occ: Agriculture, R/o. Balijapalli, H/o. Chakibanda Village, Chinnamandem Mandal, Annamayya 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,

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Endowments Department, Secretariat : Buildings, Velagapudi, Guntur

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District.

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The Commissioner, Endowments Department, Gollapudi, Vijayawada

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Andhra Pradesh.

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The Assistant Commissioner Endowments Department, Rayachoty,

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Annamayya District.

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Sri Sri Sri Jagathguru Pushpagiri Shankara Charya Mahasamasthanam,

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Office at 42, 372-4, Bhagyanagar Colony, Kadapa City, Y.S.R District

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rop., by its Manager.

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The Tahsildhar, Chinnamndem Mandal , Annamayya District.

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...RESPONDENTS

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Petition under Article 226 ,, 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 order or direction more particularly one in the nature of Writ of Mandamus declaring the Notice, dated 07.03.2024 issued by the respondent No.4 under purported oxercise of the powers conferred under Section 83 (2) of the Andhra Pradesh Charitable and

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Hindu Religious Institutions and Endowments Act, 1987 for petitioner eviction from the land in an extent of Ac.0.14 Cents in Sy No.41/2 of Balijapalli H/o. Chakibanda Village, Chinnamandem Mandal, Annamayya District, without extending the benefit as is provided under Section 82 (2) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 as one without power or authority, colourable exercise of powers and contrary to provisions of the^Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 and the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Lease of Agricultural Lands Rules, 2003^{andalsothewell} established legal principles apart from being violative^{ofthefundamental} rights guaranteed to me under Articles 14,19, and 21 of the Constitution of India and consequently set aside the Notice, dated 07.03.2024 issued by the respondent No.4.

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iA NO: 1 OF 2024

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Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the writ petition, the High Court may be pleased to grant stay of all further proceedings in pursuance of Notice, dated 07.03.2024 issued by the respondent No.4, pending disposal of the above Writ Petition.

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Counsel for the Petitioner: SRI V. R. REDDY KOWURI

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Counsel for the Respondent Nos.1 to 3: GP FOR ENDOWMENTS

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Counsel for the Respondent No.4: —

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Counsel for the Respondent No.5: GP FOR REVENUE The Court made the following: ORDER

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APHC010133802024

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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[3233]

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(Special Original Jurisdiction)

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MONDAY ,THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN

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WRIT PETITION NO: 6820/2024

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Between:

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Malineni Chandra Shekar

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...PETITIONER

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AND

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The State Of Andhra Pradesh and Others

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...RESPONDENT(S)

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Counsel for the Petitioner:

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1.VR REDDY KOWURI

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Counsel for the Respondent(S):

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1.GP FOR ENDOWMENTS

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2.GP FOR REVENUE

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The Court made the following Order:

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Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Endowments for the respondent Nos.l to 3. The issuance of notice to the respondent No.4 is dispensed with as no prejudice would cause to it even though this Writ Petition is disposed of in its absence.

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the notice dated 2. This Writ Petition is filed questioning 07.03.2024 issued by the respondent No.4 purportedly exercising the of the Andhra Pradesh Charitable and under Section 83 (2) power Hindu Religious Institutions and Endowments Act, 1987^inrespectof extent of Ac.0.14 cents in Sy.No.41/2 of the subject land in an Chinnamandem Mandal, Chakibanda Village, Baligapalli H/o. to the respondent No.4 for eviction of Annamayya District belonging the petitioner from the subject land.

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The learned counsel for the petitioner submits that the^petitioner has been continuing in the possession of the subject land of the as tenant by cultivating the same. He also filed an respondent No.4 application before the respondent No.3 to declare him as landless poor but the same is pending for enquiry.

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issued by the respondent No.3 herein 4. Earlier, when notice was dated 23.09.2022 under Section 83 (2) of the Act 30^of1987, the by filing W.P.No.35999 of 2022 on the petitioner challenged the same was disposed of vide order dated file of this Court and the same submit his explanation to the 19.06.2023 directing the petitioner to notices issued by the authorities within a period of^two(02)weeks from that date. On receipt of such explanation the^{respondentstherein} accordance with were directed to pass appropriate orders strictly m of four (04) weeks thereafter. Till the said exercise law, within a period

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is completed the respondents therein are direeted not to take any coercive steps against the petitioner. A liberty was given to the petitioner to make an applieation to the eoncerned authority to deelare him as landless poor. Aeeordingly, the petitioner submitted his explanation to the respondent No.3 herein for the notice dated 23.09.2022 for the purpose of enquiry under Section 83 (2) of the Act 30 of 1987 and the same is pending. 5. The petitioner also made an applieation separately to the respondent No.3 to deelare him as landless poor but the said representation is not filed in this Writ Petition. When the proceedings before the respondent No.3 is pending for the enquiry^underSection 83 (2) of the Aet 30 of 1987, hurriedly the respondent^{No.4issuedthe} impugned notice under Section 83 (2) of the Act 30 of 1987 dated 07.03.2024. Under the said impugned notice the petitioner^wasasked to submit his explanation within seven (07) days or otherwise to vacate the scheduled premises in case of no explanation. 6. The learned counsel for the petitioner submits that^whenthe similar proceedings are pending before the respondent^No.3asstated above, the respondent No.4 ought not to have issued the impugned notiee dated 07.03.2024 for the similar purpose.

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On the other hand, the learned Assistant Government Pleader for Endowments submits that, it is true that the enquiry is pending

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before the respondent No.3 under Section 83 (2) of^{theAct30of1987} and the same will be concluded by following the due procedure. If^at all there is an application submitted by the petitioner^todeclarehim as landless poor that will also be considered by the^{respondentNo.3.} But the said issue cannot be clubbed with this issue.

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In view of the above said facts and circumstances,^{thepetitioner} and the respondent No.4 shall participate in the enquiry^beforethe respondent No.3 pursuant to the notice dated 23.09.2022^issuedby the respondent No.3 under Section 83 (2) of the Act 30^of1987in order to substantiate their claims along with the necessary^documents submitted before the said authority. By giving due^{opportunitytoall} the parties concerned including the petitioner and^{therespondent} verification of the records and the subject land an No.4 and upon its own merits as expeditiously appropriate decision shall be taken on as possible preferably within period of Eight (08) weeks from the date of receipt of this order. There shall not be any coercive^steps against the petitioner for the subject land till the^{outcomeoftheabove} said enquiry before the respondent No.3 only. Subject to outcome of the order that may be passed by the respondent No.3^{intheabovesaid} enquiry an appropriate action can be taken against^{thepetitionerfor} the subject land. Since, the proceedings are now issued by the under Section 83 (2) of respondent No.3 with respect to the enquiry

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the Act 30 of 1987 the impugned notice issued for the similar purpose by the respondent No.4 is set-aside.

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-r

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Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.

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As a sequel, Miscellaneous Petitions pending, if any,^shallstand closed.

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SD/- M PRABHAKAR RAO ASSISTANT REGISTRAR \

//TRUE COPY//

SECTION OFFICER

Endowments Department, State of Andhra

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1. The Principal Secretary Pradesh Secretariat Buildings, Velagapudi, Guntur District.

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The Commissioner, Endowments Department, Gollapudi,^Vijayawada,

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Andhra Pradesh.

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Endowments Department, Rayachoty,

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3 The Assistant Commissioner, Annamayya District.

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The Manager, Sri Sri Sri Jagathguru Pushpagiri Shankara^Charya Mahasamasthanam, Office at 42, 372.4, Bhagyanagar Colony,^Kadapa City, Y.S.R District.

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The Tahsildhar, Chinnamndem Mandal, Annamayya District.

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One CC to Sri V. R. Reddy Kovvuri, Advocate [OPUC]

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Two CCs to GP for Endowments, High Court of Andhra Pradesh [OUT] 8. Two CC’s to GP for Revenue, High Court of A.P. at Amaravati [OUT]

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Three CD Copies.

Ssb MBT

HIGH COURT

DATED: 18/03/2024

ORDER

WP.No.6820 of 2024

V-'
oVi
n
2 5 JUN 202^ O:
Current Seniion

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DISPOSING OF THE W.P. WITHOUT COSTS

Malineni Chandra Shekar v. the State of Andhra Pradesh

Case brief

What is this about?

What the court decided

Malineni Chandra Shekar v. the State of Andhra Pradesh

Case brief

What is this about?

What the court decided

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