B.Ramakrishna S/o. Govindu Vs The State of Andhra Pradesh

SRI ESWARA ANJANEYA SWAMY DEVASTHANAM, MUDUMALA VILLAGE, C.BELAGAL MANDAL, KURNOOL DISTRICT, REP. BY ITS EXECUTIVE OFFICER, GROUP TEMPLES, GUDUR, KURNOOL 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 to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of 5th respondent in issuing the impugned auction notification dated 2.7.2015 proposing to conduct public auction of by including the land belonging to the petitioners situated in Sy.No.314/1, to an extent of Ac. 4.75 cents of Kondapuram Revenue Village (Mudumala), C.Belagal Mandal, Kurnool District, on 11.7.2015 at 11.00 a.m. even though the petitioners are the absolute owners and possessors of the said land having purchased the same by their grand mother from its lawful owners by way of registered sale deeds vide Doct. No.1204/1980, dated 11.8.1980 in flagrant disregard to the mandatory procedure contemplated under section 83 of The A.P Charitable & Hindu Religious Institutions & Endowments Act, 1987, as illegal, arbitrary and unconstitutional and consequently forbear the 5th respondent from conducting the public auction for the aforesaid petitioner's land.

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Counsel for the Petitioner(S):

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1.K RATHANGA PANI REDDY

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Counsel for the Respondent(S):

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1.G RAMANA RAO (SC FOR ENDOWMENTS RAYALASEEMAREGION)

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2.GP FOR ENDOWMENTS (AP)

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The Court made the following:

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THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.21401 of 2015

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ORDER:-

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Precisely, the Writ Petition is filed questioning the action of the respondents in conducting public auction, vide auction notice dated 02.07.2015 for granting of leasehold rights in the land in Sy.No.314/1, in an extent of Acs.4.75 cents situated in Kondapuram Revenue Village (Mudumala), C.Belagal Mandal, Kurnool District.

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It is stated in the writ affidavit that the property belongs to the mother of the 1^st petitioner Smt. B.Papamma, who executed registered settlement deed vide document No.17/2006 dated 04.01.2006 bequeathing Acs.2.37 cents in the said Sy.No.314/1 to the father of the 1^st and 2^nd petitioners and the said Govindu executed two registered deeds vide document Nos.441/2009 and 442/2009 dated 20.02.2009 in favour of the 1^st and 2^nd petitioners and the said B.Papamma also executed settlement deeds in favour of the petitioners 3 and 4 vide document Nos.2941 of 2010 and 2943 of 2010 dated 06.09.2010 to an extent of Ac.0.58 cents each, inter alia , it is stated that likewise, the said late Papamma also executed another registered settlement deed in favour of the 5^th petitioner to an extent of Ac.1.18 cents in the very same survey number. Hence, all the petitioners are in absolute possession and enjoyment of the respective shares as per the

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aforesaid registered settlement deeds executed by B.Papamma. The petitioners contend that if the respondents believe the petitioners to be encroachers, they must follow the procedure as outlined in Section 83(2) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987.

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The counter affidavit states that the subject land in Sy.No.314/1 situated in Kondapuram Revenue Village (Mudumala), C.Belagal Mandal, Kurnool District belongs to Sri Eswara Anjaneya Swamy Devasthanam and the Devasthanam, which is the sole owner of the land. There is a record in the RSR confirming this ownership, indicating that the petitioners do not possess any rights or title to the property. Additionally, it is mentioned that the petitioners cannot request any direction under Section 83 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987.

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The respondents have not provided any document to support their claim that the land in Sy.No.314/1 is owned or belongs to Sri Eswara Anjaneya Swamy Devasthanam, except a bald assertion in the counter affidavit. If the respondents contend that the property belongs to the Endowments Department, they must adhere to the procedures

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outlined in Section 83 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987.

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