Golamari Venkata Reddy, Vs The State of Andhra Pradesh

Petition under Article 22^^ 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 one in the nature of Writ of Mandamus declaring the impugned order of the 4tfr

¶18

respondent in issuing the orders passed in Rc. No.Lands6/2024, dated 1810-2\324 during pendency of the WP Nos.21592/2009 before this Hon'ble High court as illegal, arbitrary and without any jurisdiction and consequently set aside the said orders. ^

¶19

lA 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 petition, the High Court may be pleased to suspend the orders passed by 4th respondent in Rc. No. Lands6/2024 dated: 18-1^-?024 pending the Writ Petition in this Hon'ble Court.

¶21

Counsel for the Petitioner: SRI RAJA REDDY KONETI ’w--'

¶22

Counsel for the Respondent Nos. 1 to 3: GP Fok'ENDOWMENTS Counsel for the Respondent No. 4: M/s DEvVsUBHASHINI ANNE SC FOR ENDOWMENTS

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APHC010572022024

¶24

Bris as

¶25

WRIT PETITION NO: 30117 OF 2074

¶26

Between:

¶27

Kaveti Lakshmi Prasanna, w/o Kaveti Prasad, R/o D.No 7-2662N6,

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Shivaji Nagar, 4th lane. / Markapur Town and Mandal, Prakasam

¶29

District.

¶30

Kandula SekharaYeddy, S/o Chennakesav reddy, R/o, 10-104 G-504, Sai nagar, Markapur Town and Mandal, Prakasam District.

¶31

Dug^ RedctiTNaga Swathi, D/o Duggi reddy Venkateshwara reddy, R/o 7-662, shivajii nagar,7th lane, Sirinivas theatre road, Markapur Town

¶32

and Mandal, Prakasam District

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Battula Pulla Reddy, s/o Chenna Redd, Age 54 Years,^DoorNo.8/8B, Near Radha Krishna Talkies, Markapuram Town, Markapuram, Prakasam District.

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Khumabagiri Ven'i^teshwara reddy, S/o Durga reddy, R/o Markapuram Town, Prakasam District. ...Petitioners

¶35

AND

¶36

The State of Andhra Pradesh, rep. by its Principal Secretary, EndowmeVits Department, AP Secretariat, Velagapudi,^Amaravati.

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The Commissioner, Endowment DepartVrlent, Vijayawada^NTRDistrict. 3. The Assistant Commissioner, Endowment Department, Ongole, Prakasam District.

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Sri Lakshmi Chennakesava Swamy vari Devastanam, Rep by its Executive officer, Markapur Town and Mandal,Prakasam^District. ...Respondents Petition under Article 22^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 one in the nature of Writ of Mandamus declaring the action of the 4th respondent in • issuing the Eviction orders and notices to the petitioners^toan extent of Ac.0.27 cents in Sy.No 206/B of Markapuram Town, Prakasam^Districtas illegal, arbitrary and without any jurisdiction and consequently direct the respondents not to alienate the said property during pendency of the WP No.21592/2009 before this Hon'ble High court.

¶39

lA NO: 1 OF 2024

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Petition under Section 15T CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to alienate the property^toanextentof Ac.0.27 14

¶41

cents in Sy.No 2067B of Markapurann Town, Prakasam^District pending the Writ Petition in this Hon'ble Court.

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Counsel for the Petitioners: SRI RAJA REDDY KONETI

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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: M/s DEVI SUBHASHINI^ANNESC FOR ENDOWMENTS

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APHC010280362025

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3

¶47

WRIT PETITION NO: 14152 OF 2025^

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Between:

¶49

Golamari Venkala^Reddy, S/o Late Chinna Venkata reddy, R/o East, Bazar, Besides Radha krishna theatre, Markapu'r'town^andMandal, Prakasam District.

¶50

Golamari Krishna Reddy, S/o Late Chinna Venkata reddy, R/o East, Bazar, Besides Radha krishna ^eatre, Markapur Town and Mandal, Prakasam District.

¶51

...Petitioners

¶52

AND

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The State of Andhra Pradesh, rep. by its Principal Secretary, Endowments Department, AP Secretariat, Velagapudi,^Amaravati.

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The Commissioner, Endowment Department, Vijayavi^a^NTRDistrict.

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The Assistant Commissioner, Endowment Department, Ong^e, Prakasam District.

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Sri Lakshmi Chennakesava Swamy vari Devastanam, Rep by its Executive officer, Markapur Town and Mandal,Prakasam^District.

¶57

...Respondents

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Petition under Article 226 of the Constitution of India^{prayingthatinthe} circumstances stated in the affidavit filed therewith,^{theHighCourtmaybe} pleased to issue any writ or order or direction more^{particularlyoneinthe} of the 4tK"respondent in nature of Writ of Mandamus declaring the action conducting lease auction dated 06-06-2025 for the property^{inSy.1133toan} extent of Ac.2^0 cents of Markapuram Town and village,^{PrakasamDistrict} Respondent not to as illegal, arbitrary and consequently direct the 4th V'' conduct the said lease auction dt.06.06.2025.

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lA NO: 1 OF 2025

¶60

Petition under Section |51 CPC praying that in the^{circumstancesstated} in the affidavit filed in support [petition, the High Court may be pleased to dated;06-06-2025 by the 4th stay the lease auction going to held on extent of Ac.2.00 cents of respondent for the property in Sy.1133 to an Markapuram Town & Village, Prakasam District pending^{theWritPetition} in this Hon'ble Court.

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lA NO: 2 OF 2025

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition,^{theHighCourtmaybepleasedto} suspend the orders passed by the 4rt respondent vide^{Rc.No.Lands-23/2024} dated 25/11/2024 pending the Writ Petition in this^{Hon'bleCourt.}

¶63

Counsel for the Petitioners: SRI RAJA REDDY KONETI

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Counsel for the Respondent Nos. 1 to 3: GP FOR ENDOWMENTS Counsel for the Respondent No. 4: M/s DEVI SUBhXsHINI^ANNESCFOR ENDOWMENTS

¶65

APHC010345692025

¶66

WRIT PETITION NO: 17283 OF 2025

¶67

Between:

¶68

Golamari Venkata Reddy,, S/o Late Chinna Venk^ reddy, R/o East, Bazar, Besides Rad ha krishna theatre, Markapur^own and Mandal, Prakasam District.

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Golamari Kristfna Reddy, S/o Late Chinna Venkata reddy, R/o East. Bazar, Besides Radha krishna theatre, Markapur Town and Mandal, Prakasam District.

¶70

...Petitioners

¶71

AND

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The State of Andhra Pradesh rep. by its Principal Secretary,

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Endowment^epartment, AP Secretariat, Velagapudi, Amaravati.

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The Commissioner, Endowment Department, Vijayawada NTR District. 3. The Assistant Commissioner Endowment DepartVnent Ongole, Prakasam District.

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Sri Lakshmi Chennakesava Swamy vari Devastanam, Rep by its Executive officer, Markapur Town and Mandal,Prakasam District.

¶76

...Respondents

¶77

Petition under Article 226df 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 one in the nature of Writ of Mandamus declaring the impugned order of the 4th respondent in issuing the orders passed in Rc.No.Land-23/2024 dated 25/11/2024 as illegal, arbitrary and without any ju^diction^{andconsequently} set aside the said orders vide Rc.No.Land23/2024 dated 25/11/2024 as illegal, arbitrary and consequently set aside the said lease auction.

¶78

iA NO: 1 OF 2025

¶79

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

¶80

suspend the orders passed by 4trr'respondent vide Rc.No.Land-23/ 2024 dated 25/11/2024 pending the Writ Petition in this^{Hon'bleCourt.}

¶81

Counsel for the Petitioners: SRI RAJA REDDY KONETI

¶82

Counsel for the Respondent Nos. 1 to 3: GP FOR ENDO/(iytENTS Counsel for the Respondent No. 4: M/s DEVI SUBHASHI^I^ANNESCFOR ENDOWMENTS

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APHC010396372025

¶84

Hra:

¶85

WRIT PETITION NO: 20701 OF 2025

¶86

Between:

¶87

Golamari LaWhmar^a, W/o Bala K^i reddy. R/o East. Bazar. Besides, Door.No.8/62, MarkapurTown AND Mandal. Prak^sam District.

¶88

...Petitioner

¶89

AND

¶90

The State of Andhra Pradesh, rep. by its Principal Secretary, Endowments DeVartment, AP Secretariat, Velagapudi, Amaravati.^

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The Commissioner, Endowment Department, Vijayawada^NTRblWict.

¶92

3 7he Assistant Commissioner, Endowment Department, Ongole Prakasam District.

¶93

Sri Lakshmi Chennakesava Swamy vari Devastanam, Rep by its Executive officer, MarkapurTown and Mandal, Prakasam^District.

¶94

...Respondents

¶95

Petition under Article 226 of the Constitution of India praying^thatinthe circumstances stated in the affidavit filed therewith,^{theHighCourtmaybe} pleased to issue any writ or order or direction more^{particularlyoneinthe}

¶96

nature of Writ of Mandamus declaring the impugned order of the 4th respondent in issuing the orders passed in Rc.No.Land-51/2025 dated 22/07/2025 as illegal, arbitrary and without any jurisdiction^{andconsequently} set aside the said orders vide Rc.No.Land- 51/2025 dated 22/07/2^525.

¶97

lA NO: 1 OF 2025

¶98

Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased to suspend the orders passed by 4TH respondent vide Rc.No.Land51/2025 dated 22/07/2025 pending the Writ Petition in this Hon'ble Courts

¶99

Counsel for the Petitioner: SRI K CHINNA VENKAT REDDY ^

¶100

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

¶101

Counsel for the Respondent No. 4: M/s DEVI SUBHASHINI^ANNESCFOR ENDOWMENTS

¶102

The Court made the following Common order;

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APHC010552172024

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0:^0 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 01^ [3458] (Special Original Jurisdiction)

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THURSDAY, THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NOs:28742 & 30117 nf 9n9A 14152. 17283 & 20701 of 2025

¶108

WRIT PETITION NO: 28742/2024

¶109

Between:

¶110

1.SHAIK MAHABOOB PEERA, S/0 MEERA SAHEB, R/0 4 0-801C,

¶111

10TH WARD, VIJAYA TALKIES ROAD, MARKAPUR TOWN AND MANDAL, PRAKASAM DISTRICT. ...PETITIONER

¶112

AND

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1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, ENDOWMENTS DEPARTMENT, AP SECRETARIAT VELAGAPUDI, AMARAVATI. i AKIAI,

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2.THE COMMISSIONER, ENDOWMENT DEPARTMENT, VIJAYAWADA NTR DISTRICT.

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3.THE ASSISTANT COMMISSIONER, ENDOWMENT DEPARTMENT,

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ONGOLE, PRAKASAM DISTRICT.

¶117

4.SRI LAKSHMI CHENNAKESAVA SWAMY VARI DEVASTANAM, REP

¶118

BY ITS EXECUTIVE OFFICER, MARKAPUR TOWN AND MANDAL

¶119

PRAKASAM DISTRICT.

¶120

...RESPONDENT{S):

¶121

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 one in the

¶122

2

¶123

nature of Writ of Mandamus declaring the impugned order of the 4th respondent in issuing the orders passed in Rc. No.Lands6/2024, dated 1810-2024 during pendency of the WP Nos.21592/2009 before^thisHonble High court as illegal, arbitrary and without any jurisdiction^{andconsequently} set aside the said orders and pass

¶124

lA NO: 1 OF 2024

¶125

Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition,^{theHighCourtmaybepleasedto} suspend the orders passed by 4th respondent in Rc.^No.Lands- 6/2024 dated; 18-10-2024 pending the Writ Petition in this^{Hon’bleCourtandpass} iA NO: 1 OF 2025

¶126

Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition,^{theHighCourtmaybepleasedto} grant leave to file the counter affidavit in W.P.No.28742^{of2024andpass} Counsel for the Petitioner:

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RAJA REDDY KONETl

¶128

Counsel for the Respondent(S):

¶129

1 .GP FOR ENDOWMENTS

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DEVI SUBHASHINI ANNE SC For Endowments

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WRIT PETITION NO: 30117/2024

¶132

Between:

¶133

1 KAVETI LAKSHMI PRASANNA, W/0 KAVETl PRASAD, R/0 D.NO^7- 2662N6, SHIVAJI NAGAR,4TH LANE MARKAPUR TOWN AND MANDAL, PRAKASAM DISTRICT.

¶134

2.KANDULA SEKHARA REDDY, S/0 CHENNAKESAV REDDY, R/0,^10- 104 G-504 SAl NAGAR, MARKAPUR TOWN AND MANDAL, PRAKASAM DISTRICT.

¶135

DUGGl REDDY NAGA SWATH 1 D/0 DUGGl REDDY VENKATESHWARA REDDY, R/0 7-662, SHlVAJll NAGAR,7TH LANE , SIRINIVAS THEATRE ROAD MARKAPUR TOWN AND MANDAL, PRAKASAM DISTRICT.

¶136

3

¶137

4.BATTULA PULLA REDDY, S/0 CHENNA REDD, AGE 54 YEARS, DOOR NO. 8/8B, NEAR RADHA KRISHNA TALKIES, MARKAPURAM TOWN, MARKAPURAM, PRAKASAM DISTRICT.

¶138

5.KHUMABAGIRI VENKATESHWARA REDDY,, S/0 DURGA REDDY, R/0 MARKAPURAMTOWN, PRAKASAM DISTRICT.

¶139

...PETITIONER(S)

¶140

AND

¶141

1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY ENDOWMENTS DEPARTMENT, AP SECRETARIAT, VELAGAPUDI AMARAVATI.

¶142

2.THE COMMISSIONER, ENDOWMENT DEPARTMENT, VIJAYAWADA NTR DISTRICT.

¶143

3.THE ASSISTANT COMMISSIONER, ENDOWMENT DEPARTMENT, ONGOLE, PRAKASAM DISTRICT.

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4.SRI LAKSHMI CHENNAKESAVA SWAMY VARI DEVASTANAM, REP BY ITS EXECUTIVE OFFICER, MARKAPUR TOWN AND MAN DAL. PRAKASAM DISTRICT.

¶145

...RESPONDENT(S);

¶146

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 one in the nature of Writ of Mandamus declaring the action of the 4th respondent in issuing the Eviction orders and notices to the petitioners to an extent of Ac.0.27 Vi cents in Sy.No 206/B of Markapuram Town,^{PrakasamDistrictas} illegal, arbitrary and without any jurisdiction and consequently direct the respondents not to alienate the said property during pendency of the WP No.21592/2009 before this Hon'ble High court and pass

¶147

lA NO; 1 OF 2024

¶148

Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to alienate the property^{toanextentofAc.0.271/2} cents in Sy.No 206/B of Markapuram Town, Prakasam District pending the Writ Petition in this Hon'ble Court and pass

¶149

4

¶150

lA NO: 1 OF 2025

¶151

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 grant leave to file the counter affidavit in W.P.No.30117 of 2024 and pass

¶152

Counsel for the Petitioner(S):

¶153

1.RAJA REDDY KONETI

¶154

Counsel for the Respondent{S):

¶155

1.GP FOR ENDOWMENTS

¶156

2.DEVI SUBHASHINI ANNE SC For Endowments

¶157

WRIT PETITION NO: 14152/2025

¶158

Between:

¶159

1.GOLAMARI VENKATA REDDY, S/0 LATE CHINNA VENKATA REDDY, R/0 EAST, BAZAR, BESIDES RADHA KRISHNA THEATRE, MARKAPUR TOWN AND MANDAL, PRAKASAM DISTRICT.

¶160

2.GOLAMARI KRISHNA REDDY S/0 LATE CHINNA VENKATA REDDY, R/0 EAST, BAZAR, BESIDES RADHA KRISHNA THEATRE, MARKAPUR TOWN AND MANDAL, PRAKASAM DISTRICT.

¶161

...PETITIONER(S)

¶162

AND

¶163

1.THE STATE OF ANDHRA PRADESH. REP. BY ITS PRINCIPAL SECRETARY, ENDOWMENTS DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATI.

¶164

2.THE COMMISSIONER, ENDOWMENT DEPARTMENT, VIJAYAWADA NTR DISTRICT.

¶165

3.THE ASSISTANT COMMISSIONER, ENDOWMENT DEPARTMENT, ONGOLE, PRAKASAM DISTRICT.

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4.SRI LAKSHMI CHENNAKESAVA SWAMY VARI DEVASTANAM, REP BY ITS EXECUTIVE OFFICER MARKAPUR TOWN AND MANDAL,PRAKASAM DISTRICT.

¶167

...RESPONDENT(S):

¶168

5

¶169

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 one in the nature of Writ of Mandamus declaring the action of the 4th respondent ini:: conducting lease auction dated 06-06-2025 for the property in Sy.1133 to an extent of Ac.2.00 cents of Markapuram Town and village, Prakasam District as illegal, arbitrary and consequently direct the 4th Respondent not to conduct the said lease auction dt.06.06.2025

¶170

lA NO: 1 OF 2025

¶171

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 stay the lease auction going to held on dated;06-06-2025 by the 4th respondent for the property in Sy,ll33 to an extent of Ac.2.00 cents of Markapuram Town & Village, Prakasam District pending the Writ Petition i n this Hon'ble Court lA NO: 2 OF 2025 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 pleased to suspend the orders passed by the 4rt respondent vide Rc.No.Lands -23/2024 dated 25/11/2024 pending the Writ Petition in this Hon'ble Court and pass

¶172

Counsel for the Petitioner(S):

¶173

1.RAJA REDDY KONETI

¶174

Counsel for the Respondent(S):

¶175

1.GP FOR ENDOWMENTS

¶176

DEVI SUBHASHINI ANNE SC For Endowments

¶177

WRIT PETITION NO: 17283/2n2fi

¶178

Between:

¶179

1.GOLAMARI VENKATA REDDY, S/0 LATE CHINNA VENKATA REDDY, R/0 EAST, BAZAR, BESIDES RAD HA KRISHNA THEATRE, MARKAPUR TOWN AND MANDAL, PRAKASAM DISTRICT.

¶180

2.GOLAMARI KRISHNA REDDY, S/0 LATE CHINNA VENKATA REDDY, R/O EAST, BAZAR, BESIDES RADHA KRISHNA THEATRE,

¶181

6

¶182

MARKAPUR TOWN AND MANDAL, PRAKASAM DISTRICT.

¶183

...PETITIONER(S)

¶184

AND

¶185

1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY. ENDOWMENTS DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATI.

¶186

2.THE COMMISSIONER, ENDOWMENT DEPARTMENT, VIJAYAWADA NTR DISTRICT.

¶187

3.THE ASSISTANT COMMISSIONER. ENDOWMENT DEPARTMENT, ONGOLE, PRAKASAM DISTRICT.

¶188

4.SRI LAKSHMI CHENNAKESAVA SWAMY VARI DEVASTANAM, REP BY ITS EXECUTIVE OFFICER, MARKAPUR TOWN AND MAN DAL, PRAKASAM DISTRICT.

¶189

...RESPONDENT(S):

¶190

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 one in the nature of Writ of Mandamus declaring the impugned order of the 4th respondent in issuing the orders passed in Rc.No.Land-23/2024 dated 25/11/2024 as illegal, arbitrary and without any jurisdiction and consequently set aside the said orders vide Rc.No.Land23/2024 dated 25/11/2024 as illegal, arbitrary and consequently set aside the said lease auction and pass

¶191

lA NO: 1 OF 2025

¶192

Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to suspend the orders passed by 4*^^ respondent vide Rc.No.Land-23/2024 dated 25/11/2024 pending the Writ Petition in this Hon'ble Court and pass

¶193

Counsel for the Petitioner(S):

¶194

1.RAJA REDDY KONETI

¶195

Counsel for the Respondent(S):

¶196

7

¶197

1.GP FOR ENDOWMENTS

¶198

2.DEVI SUBHASHINI ANNE SC For Endowments

¶199

WRIT PETITION NO: 20701/2025

¶200

Between:

¶201

1.GOLAMARI LAKSHMAMMA, W/0 BALA KASl REDDY, R/0 EAST, BAZAR. BESIDES, DOOR.NO.8/62, MARKAPURTOWN AND MANDAL, PRAKASAM DISTRICT.

¶202

...PETITIONER

¶203

AND

¶204

1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, ENDOWMENTS DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATI.

¶205

2.THE COMMISSIONER, ENDOWMENT DEPARTMENT, VIJAYAWADA NTR DISTRICT.

¶206

3.THE ASSISTANT COMMISSIONER, ENDOWMENT DEPARTMENT, ONGOLE, PRAKASAM DISTRICT.

¶207

4.SRI LAKSHMI CHENNAKESAVA SWAMY VARI DEVASTANAM, REP BY ITS EXECUTIVE OFFICER, MARKAPUR TOWN AND MANDAL, PRAKASAM DISTRICT.

¶208

...RESPONDENT(S):

¶209

Petition under Article 226 of the Constitution of India praying that in the circumstancesstated in the affidavit filed therewith, the High Court may be pleased to issue any writ or order or direction more^{particularlyoneinthe} nature of Writ of Mandamus declaring the impugned order of the 4TH respondent in issuing the orders passed in Rc.No.Land-51/2025 dated 22/07/2025 as illegal, arbitrary and without any jurisdiction^{andconsequently} set aside the said orders vide Rc.No.Land51/2025^{dated22/07/2025and} pass

¶210

lA NO: 1 OF 2025

¶211

Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased to

¶212

8

¶213

suspend the orders passed by 4TH respondent vide Rc.No.Land51/2025 ' dated 22/07/2025 pending the Writ Petition in this Hon'ble Court and pass

¶214

Counsel for the Petitioner:

¶215

1.KCHINNA VENKAT REDDY

¶216

Counsel for the Respondent(S):

¶217

1.GP FOR ENDOWMENTS

¶218

DEVI SUBHASHINI ANNE SC For Endowments

¶219

The Court made the following:

¶220

COMMON ORDER:

¶221

Fleard the learned counsel for the petitioners, the learned Assistant Government Pleader for Endowments and the learned Standing^Counselfor Endowments appearing for the respondents.

¶222

Since the issues involved in the above Writ Petitions are one and the same, it is appropriate to dispose of the cases by way of a ‘Common Order’.

¶223

These Writ Petitions are filed challenging the impugned^orders of the 4'^ respondent passed under Section 83(2) of Andhra Pradesh Charitable and Flindu Religious Institutions and Endowments Act, 1987 (in short herein after referred as ‘the Act’).

¶224

It is contended that the subject lands are Inam lands. Under the provisions of Section 77 of the Act, in case of Inam lands, it is the RDO, who has to conduct enquiry and pass orders for eviction of the unauthorized occupants, and resume the land. Thus, it is contended that in

¶225

r 9

¶226

the light of the said provisions, the notice issued^{underSection83ofthe} Act is not sustainable. 5. Both the learned counsel submit that the issue involved in all the cases is covered by the order passed by this Court^{inW.P.Nos.15005} & 15006 of 2025, dated 21.08.2025, thus prays for passing of the same order in the present case(s).

¶227

Accordingly, these Writ Petitions are disposed of, in terms of the orders passed by this Court in W.P.Nos.15005 &^{15006of2025,dated} 21.08.2025. There shall be no order as to costs.

¶228

Registry is directed to append a copy of the order in W.P.Nos.15005 & 15006 of 2025, dated 21.08.2025 to^thisorder.

¶229

As a sequel, all pending miscellaneous applications^{shallstandclosed.}

¶230

Sd/- M.PRABHAKAR RAO ASSISTANT REGISTRAR

i To

//TRUE COPY//

SECTION OFFICER

The Principal Secretary, Endowments Department, state of AP, AP Secretariat, Velagapudi, Amaravati. '

¶235

The Commissioner, Endowment Department, Vijayawada NTR^District. 3. The Assistant Commissioner Endowment Department, Ongole, Prakasam District.

¶236

The Executive officer, Sri LakshmT Chennakesava Swamy van Devastanam, Markapur Town and Mandal,Prakasam District.

¶237

One CC to Sri. K Chinna Venkat Reddy Advocate [OPUC] 6. One CC to Sri. Raja Reddy Koneti Advocate [OPUC] 7. One CC to M/s Devi Subhashini Anne SC For Endowments [OPUC] 8. Two CCs to GP for Endowments, High Court of Andhra Pradesh [OUT] 9. Two CD Copies

¶238

(Along with a copy of the order in WP Nos. 15005 and 15006 of 2025 dated 21.08.2025) i-

¶239

GSC

¶240

rt^

¶241

high court DATED;04/09/2025

¶242

COMMON ORDER WP NOS. 28742 AND AND 20701 OF 2025

¶243

30117 OF 2024, 14152, 17283

¶244

I
\ 4

¶245

r
X 22 SEP 2025
•a^ . CunenV Section ^ ^

DISPOSING THE WPS

WITHOUT COSTS

1

APHC010301962025

IN THE HIGH COURT OF ANDHRA PRADESH 0*^0 AT AMARAVATI [3458] 0 (Special Original Jurisdiction)

¶251

THURSDAY,THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE

¶252

PRESENT

¶253

THE HONOURABLE SMT JUSTICE KIRANMAYEE WIANDAVA

¶254

WRIT PETITION NO: 15005/2025

¶255

Between:

¶256

1 .PINNEBOYINA SATYANARAYANA, S/0 SUBBAIAH , R/0 1-121, MARKAPURAM RAYAVARM VILLAGE and POST, MANDAL,PRAKASAM DISTRICT. ...PETITIONER

¶257

AND

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1 THF STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY ENDOWMENTS DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATI.

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2.THE COMMISSIONER, ENDOWMENT DEPARTMENT, VIJAYAWADA NTR DISTRICT.

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3.THE ASSISTANT COMMISSIONER, ENDOWMENT DEPARTMENT, ONGOLE, PRAKASAM DISTRICT

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4 SRI LAKSHMI CHENNAKESAVA SWAMY VARIDEVASTANAM, REP Iy ITC EXECUTIVE OFFICER, MARKAPUR TOWN AND MANDAL, PRAKASAM DISTRICT.

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...RESPONDENT(S);

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of the Constitution of India praying that in the Petition under Article 226 circumstances stated in the affidavit filed therewith,^{theHighCourtmaybe} pleased topleased to issue any writ or order or direction more in the nature of Writ of Mandamus declaring the impugned order of the 4th

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^025 .f I''"''"® i" «<=■ No - Nil/2025, dated 09-06and asfde Zthe sT'sa,d orders vide Rc. No.-Nii/2025,""y j^P^Pto'iondated 09-06-2025consequently set and pass

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jA NO: 1 OF 7{\oti

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in the affidavit filed fn^support oMhe pSn^h^ m" ‘he^{circumstancesstated} cP l ated;09-06-2025eased to suspendand thepass orders passed by 4th responlutTRZNo^Tzllf.

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lA NO: 2 OF 9091;

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Patition under Section 151 ppp nr in the affidavit fiied in support of thLSn^h u" stated Pleased to vacate the intel ol‘ 3 C” ’ 07 2^5 ‘"“d a writ and pass -07-2025 and dismiss the above

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Counsel for the Petitioner:

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1.K CHINNA VENKAT REDDY

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Counsel for the Respondent(S):

APHC01029632202S

GP FOR ENDOWMENTS

DEVI SUBHASHINI ANNE SC For Endowments

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IN THE HIGH COURT OF ANDHRA PRADESH at amaravati [3458] (Special Original Jurisdiction)

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THURSDAY,THE TWENTY FIRST TWO THOUSAND AND TWe“ty°fWe''°^®^

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PRESENT

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the honourable smt justice KIRANMAYEE MANDAVA WRIT PETITION NO: 15006/2025

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Between:

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VELPULA VENKATA REDDY, S/0 KONDA REDDY, AGED ABOUT⁷² YEARS ,MARKAPURAM MANDAL, PRAKASAM DISTRICT.

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...PETITIONER

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AND

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1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, ENDOWMENTS DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATI.

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2.THE COMMISSIONER, ENDOWMENT DEPARTMENT, VIJAYAWADA NTR DISTRICT.

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3.THE ASSISTANT COMMISSIONER, ENDOWMENT DEPARTMENT, ONGOLE, PRAKASAM DISTRICT.

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4.SRI LAKSHMI CHENNAKESAVA SWAMY VARI DEVASTANAM, REP BY ITS EXECUTIVE OFFICER, MARKAPUR TOWN AND MANDAL,PRAKASAM DISTRICT.

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...RESPONDENT(S):

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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 topleased to issue any writ or order or direction more^particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent in passing orders vide Rc. No.Nil dated .09-06-2025^{2025duringpendency of} O.A No.24 of 2025 before the Hon'bie Andhra Pradesh^{StateEndowments} Tribunal at Pedakakani, Guntur as illegal, arbitrary and without any jurisdiction and consequently set aside the said order^vide Rc. No. Lands-Nil dated.09-06-2025 and pass

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lA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased pleased to suspend the orders passed by 4th respondent in Rc. No.-Nil dated:09-06-2025 pending the Writ Petition in this^{Hon'bieCourtandpass}

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lA NO: 2 OF 2025

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased

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May be pleased to vacate the interim orders dated 01-07-2025 and dismiss the above writ and pass

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Counsel for the Petitioner:

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1 .K CHINNA VENKAT REDDY

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Counsel for the Respondent(S);

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1.GP FOR ENDOWMENTS

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DEVI SUBHASHINI ANNE SC For Endowments

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The Court made the following;

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COMMON ORDFR--

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Heard Sri K. Chinna Venkat Reddy, learned counsel for the petitioner(s) and Sri V. Venugopal Rao, learned Senior Counsel appearing for the respondents.

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Since the issue involved in both cases is one and the same, it is appropriate to dispose of the cases by way of a ‘Common Order’.

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The Writ Petitions are filed challenging orders of the 4‘^ respondent passed under Sec.83 (2) of Andhra Pradesh Charitable and Flindu Religious Institutions and Endowments Act, 1987 (hereinafter referred to as ‘the Act (30 of 1987’) vide RC.No.Nil/2025 dated 09.06.2025.

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It is contended that the 4“^ respondent issued a notice stating that the 4'" respondent temple is the absolute owner of the subject property however, the petitioner(s) were in occupation of the subject property, therefore, the petitioner(s) were asked to show cause/explain as to why he

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should not be treated as an encroacher within the meaning of the provisions of Sec.83 (2) of the Act (30 of 1987) and be evicted accordingly.

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It is contended by the temple authorities that the respondent is the absolute owner of an extent of Ac 3.80 cents of land in Sy. No.635 of Markapuram town, which is inam land meant for Thulasi Pushpamala Nowkri Service’. The register maintained under the provisions^{oftheAndhraPradesh} Charitable and Hindu Religious Institutions and Endowments Act, 1966 (Act 17 of 1966) and Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (Act 30 of 1987) also shows^{thatthesaidextentof} Ac-3.80 cents is the property of the temple. It Is stated by the respondents in the said notice that in view of the amendments made to the Andhra Pradesh (Andhra Area) inams (Abolition and Conversion into Ryotwari) Act, 1956, in 2013 stating that in case of any service inams, the temple alone is entitled for ryotwari patta and if, any pattas were granted in favour of those persons who had rendered service to the temple, are null and void. Observing thus, the 4 th respondent passed the impugned proceedings requiring the petitioner(s) to vacate from the subject land within 15 days from the date of receipt of the order. Therefore, they approached this Court.

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This Court vide order dated 01.07.2025, directed the respondents not to take any coercive measures against the petitioner(s) pursuant to the impugned proceedings dated 09.06.2025.

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The learned counsel for the petitioner(s), referring to provisions of Sec.75 of the Act (30 of 1987), contends that any sale, gift, or exchange, mortgage, or lease of an Inam land granted for the support and maintenance of the Charitable Institution or Religious Institution, for performance of a religious or public charity or service shall be null and void. Unless the same is effected with prior sanction of the government, and he further contends that in view of the provision of Sec.77 of the Act (30 of 1987), it is the Revenue Divisional Officer (RDO), who can conduct an enquiry and pass orders for eviction in the cases of inam lands, in which the institution or the endowment has an interest.

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The learned counsel for the petitioner(s) thus argues that the impugned proceedings are without jurisdiction. It is further contended that the petitioner(s) has also filed an O.A. before the A.P. State Endowments Tribunal, Pedakakani, Guntur, in O.A. No. 24 of 2025, and the same is still pending. When the said O.A. is pending, the respondents have passed the impugned proceedings.

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The learned counsel for the petitioner(s) relies on the decision of this Court in the case of Takkella Lakshminarasaiah Vs. State of Andhra Pradesh and others\ wherein it is observed that;

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‘47. Section 4(4) ivas repealed earlier and now, substituted by another clause shown in italics. According to

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2020 (3)ALD 29 (AP) (DB)

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sub-section (4) of Section 4, substituted by Act No. 16 of 2013 is given effect from 26.11.1956 i.e., giving retrospective^effect from the date of commencement of original enactment,^where an inam land is with a burden to render service, or for performance of a religious or public charity, or as a remuneration for performance of certain customary service, to an institution or endowment, no person shall be entitled to Ryotwari Patta, and the institution or Endowment alone shall be entitled to Ryotwari Patta for such Inam land without any restriction of extent and without the condition of personal cultivation.

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And a judgment in W.P.No.28866 of 2024 and 28869 of 2024.

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The respondents filed a counter-affidavit stating that the petitioner(s) are in unauthorized and unlawful occupation of the temple property. The petitioner(s) was never a servicedar, he has encroached on the property without the authority of law. Therefore, notice was issued under Section 83 (2) of the Act (30 of 1987).

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The learned Senior Counsel, Sri Venugopal Rao, appearing for Smt. Devi Subhashini Anne, the learned Standing Counsel for the 4‘^ respondent, referring to the register maintained under Section 43 of the Act (30 of 1987), submits that the inaam was granted for a specific service, namely, thulasi pushpamala seva. In terms of the provisions of the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956, in such a case, the temple alone is entitled to the issuance of a ryotwari patta; the service holder is not entitled to a ryotwari patta.

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The learned Senior Counsel would further submit that the petitioner(s) has an effective alternate remedy before the Tribunal without availing the said remedy under Sec.87 of the Act. The petitioner(s) has approached this Court, which is unsustainable. It is further argued that when inaam was granted for a specific purpose of rendering some service to the temple, the said property would not gain the characteristics of an absolute property of the inaamdhaars/service holders.

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Considered the submissions.

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For adjudication of the issues raised in the case, it is relevant to extract the provisions of Sec.75 and 77 of the Act (30 of 1987).

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‘Sec.75. Lease, sale of Inams to be void in certain cases:-

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(1) Any lease 1[XXXX] and any gift, sale exchange or mortgage of an inam land granted for the support or maintenance of charitable or religious institution or endowment or for the performance of a religious or public charity or service, shall be null and void unless any such transaction not being a gift, is effected with the prior sanction of the Government.

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(2) Such prior sanction may be accorded by the Government where they consider that the transaction is-

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(i) necessary or beneficial to the institution or endowment;

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(ii) in regard to the land which is an uneconomical holding for the institution or endowment to own and maintain; and

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(Hi) the consideration thereof is adequate and proper.

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(3)The provisions in clause (c) of sub-section (1)^{ofsection80shall} apply for the sale of any inam land.

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Sec 77. Resumption of Inam lands:-

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motu or on the Divisional Officer may, either suo (1) The Revenue or religious institution or application of the trustee of a^charitable of any person having interest in endowment or of the Commissioner or the institution or endowment authorised by the Commissioner, by order, such inam land referred to in resume the whole or any portion of any Section 75 on all or any of the following grounds namely:-

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transaction which is null and [ilthat the holder of the Inam has effected a void under Section 75; mthat mo charitable or religioas hstitution or endowment has ceased to exist or the charily or service has become impossible^{of performance:} rnthat Ihe holder of such inam land has failed to perform or mate the with the custom necessary arrangements for performing, in accordance endowment, the charity or setvice for the or usage of the institution or performance of which the inam land was granted. an order under sub-section (1), the Revenue (2}(a)Before passing to the Commissioner, Divisional Officer shall give notice to Ihe trustee, to the holder of the inam land, to the person in possession of the inam thereof and to the alienee, if any, of the land where he Is not the holder inam land and also publish a copy of the notice in such manner as may be prescribed, which publication shall be deemed to be sufficient notice be affected by such order; and consider to every other person likely to after holding such inquiry as may be prescribed. the objections, if any,

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(b)Where only a portion of the inam land is affected, notice shall be as well as to the given under clause (a) to the holder of such podion holder or holders of Ihe other portion or portions to the person in possession of every such podion. where he is not the holder thereof the obiections of a and to the alienee, if any. of every such podion and such persons shall be considered by the Revenue Divisional Officer.

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passed under sub-section (1). shall be (3) A copy of every order mentioned in sub-section (2)and communicated to each of the persons shall be published in the manner prescribed.

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[^}[§}Where 3ny inam land or portion thereof ISi resumed under this section, the Revenue Divisional Officer shall, by order, patta in respect of the h grant a ryotwari mam land or portion thereof religious institution r to the charitable or concerned; and where the resumption is made on ground specified h m Item (ii) of Sub-section (1) to any such charitable or religious institution as the Commissio ner may recommend. (hlThe order, granting the ryotwari patta under clause (a) shall. on application made to the Revenue Divisional prescribed be Officer within the time executed by him ii ‘n accordance with such rules made in this behalf as may be

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(^Pending the resumption of an inam land or portion thereof under this section on the ground specned in item (Hi) of sub- section (1). the Revenue Divisional Officer 'netn tend or portion thereof TpaXeTl or -.e . .e insbtutlon or cndoZ::^::^^ Olulsionsi Orticer mey pass 3“ ”“^ or make such arrangement as he considers charity or service; and the necessary for the performance of the expenses incurred therefor shall be recovered from the person in possession of the h mam land or portion thereo,f as if they were arrears of land revenue. 15. In the light of the above provisions of the Act (30 of 1987) , the Revenue Divisional Officer may either suo moto or on application filed by the trustee of the endowments or charitable institution or on the application of the Commissioner by order resume the whole or any portion of any such Inam land referred to i ‘ in Sec.75 of the Ac, (30 of 1987) in ,he cases of lands referred to in Sec.75 of the Act (30 of 1987). After such resumption, the Revenue Divisional Officer shall, by order, grant ryotwari patta in respect of the Inam land or portion thereof to the Charitable or Religious institution concerned.

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Having regard to the above, even according to the respondents the subject lands are Inam lands, therefore the same would fall under Sec.75 of the Act (30 of 1987). Hence, in terms of Section 77 of the Act (30 of 1987), it is the RDO who must initiate proceedings to resume the lands, not the Executive Officer acting under the provisions of Section 83 of the Act (30 of 1987). The provisions of Section 83 of the Act (30 of 1987) would not apply to the instant case.

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According to the respondent, the subject lands are Inam lands. Without expressing any views on the merits of the issue as to the entitlement to ryotwari patta, this Court is of the view that the provisions of Sec.83 of the Act (30 of 1987), will not apply in the facts of the present case. In the light of the provisions of Sec.77 of the Act (30 of 1987), the 4*' respondent has no jurisdiction to initiate proceedings under Sec.83 of the Act (30 of 1987). Accordingly, the proceedings impugned in the Writ Petitions are set aside. However, this order will not preclude the 4‘^ respondent temple from availing the remedies available to it under the law.

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