Dismissed

R. Venkateswara Rao, v. Regional Joint Commissioner of Endowments

Telangana HC2 Feb 2006WP/24346/2005

Case brief

AI extract

What is this about?

In this writ petition, a cultivating tenant seeking a declaration that he is landless poor and entitled to benefits under the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987, challenged the orders of the Assistant Commissioner and Regional Joint Commissioner dismissing his applications. The Court held that the petitioner was not a tenant as the temple had taken over posse

What did the court decide?

None. The writ petition was dismissed without costs.

R. Venkateswara Rao, Vs Regional Joint Commissioner of… — Landlord and Tenant | Telangana HC (2006)

¶1

THE HON’BLE MS. JUSTICE G. ROHINI

¶2

W.P.No. 24346 of 2005

¶3

ORDER :

¶4

The petitioner claims to be a cultivating tenant in respect of Ac.1-50 cents of land situated in R.S.No.16 of Mandapalli Village, belonging to the 3^rd respondent temple. Claiming that he is a landless poor, the petitioner filed a petition before the Assistant Commissioner of Endowments, 2^nd respondent, seeking a declaration that he is landless poor and thus entitled to the benefit of sub-section (2) of Section 82 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short, ‘the Act’). The said application was rejected by the 2^nd respondent by order dated 7-7-2005 on the ground that the petitioner was not a tenant of the 3^rd respondent-temple. The appeal preferred by the petitioner before the Regional Joint Commissioner of Endowments, 1^st respondent, was also dismissed by order dated 20-9-2005. This writ petition is filed seeking a declaration that the said orders of respondents 1 and 2 are arbitrary and illegal.

¶5

On behalf of the 3^rd respondent a detailed counter affidavit has been filed stating that the petitioner is in no way concerned with the subject land and that one Smt. Ammannamma was the tenant, who relinquished her right over the land in the year 1995. It is stated that both the authorities having considered all the aspects rejected the claim of the petitioner and possession was also taken over by the 3^rd respondent-temple and therefore the petitioner cannot be granted any relief.

¶6

The 1^st respondent on the same lines has filed a separate counter affidavit.

¶7

Having heard the learned counsel for both sides and having perused the material on record, I do not find any justifiable reason to interfere with the impugned orders. The specific averment in the

¶8

counter affidavit that the possession was taken over by the 3^rd respondent temple on 20-10-2005 remained unrebutted. Though the learned counsel for the petitioner across the bar asserted that the petitioner is continuing in possession as on today, in the absence of any supporting material I am not inclined to accept the same. In the light of the concurrent findings of fact recorded by the respondents 1 and 2 that the petitioner is not the tenant in respect of the land in question, the claim of the petitioner that he is a landless poor and therefore entitled to the benefit under Section 82 (2) of the Act is untenable and misconceived.

¶9

The writ petition is devoid of merit and is accordingly dismissed. No costs.

¶10

02^nd February 2006

¶11

BJ/

R. Venkateswara Rao, v. Regional Joint Commissioner of Endowments

Case brief

What is this about?

What did the court decide?

R. Venkateswara Rao, v. Regional Joint Commissioner of Endowments

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M/s Hard Granite Industries, Vs The Government of Andhra Pradesh

M. Ramachandra Reddy, Vs Government of Andrha Pradesh

Devarapalli Subba Rao Vs The Collector/District Election Authority

M/s. Sri Rama and Company, I.O.C. Vs The District Collector

M.Janardhan, Vs The Commissioner of Civil Supplies

Kumpatla Nageswara rao Vs Regional Joint Commissioner of Endowments