Petitioner challenged encroachment on temple lands registered under the Andhra Pradesh Endowments Act. Court held authorities could handle eviction under Section 83 and dismissed the writ petition.
Petition dismissed with observation that eviction should be handled under Section 83 of the Andhra Pradesh Endowments Act.
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THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.8404 of 2007
23.04.2007
Between:
K. Hanumanthu.
… Petitioner
AND
The Assistant Commissioner of Endowments, Mahaboobnagar, and another.
… Respondents
THE HON’BLE SRI JUSTICE V.V.S.RAO
WRIT PETITION No.8404 of 2007
ORDER:
The petitioner is statedly devotee of Lord Anjaneya and Lord Shiva and regularly visits the temples at Amistapur Village dedicated to these deities. He alleges that the subject temples i.e., Sri Anjaneya Swamy temple and Shivalayam are three hundred years old and late Nizam endowed property admeasuring Acs.45.22 gts in survey Nos.100/1, 100/2, 357, 358, 362/1, 362/2, 368, 231, 289 and 421 to said temples. This land has been encroached upon by various persons and though the petitioner made representation to the respondents to take appropriate steps to evict the encroachers and restore the land to the temples, no action was taken. Therefore, he seeks a direction to first respondent, namely, the Assistant Commissioner to act upon the representation and restore the land to the temples.
Admittedly Anjaneya Swamy temple and Shivalayam are registered under Section 6(c) of the Andhra Pradesh Charitable and Hindu Religious Institutions & Endowments Act, 1987 (the Act, for brevity). If that be so, either the temple authorities or the Assistant Commissioner can make an application to the Deputy Commissioner under Section 83(1) of the Act, who alone is competent to evict the encroachers. It is not clear whether any trust board was appointed to the subject temples or not. The petitioner has statedly approached the authorities and he may seek redressal before them. This Court also observes that first respondent may also look into the matter and take necessary action under Section 83 of the Act.
The writ petition, with the above observations, is accordingly dismissed. No costs.
_____________ (V.V.S.RAO, J) 23rd April, 2007 ghn
1 issue framed by the court
Whether the petitioner is entitled to a direction to the Assistant Commissioner to evict encroachers from temple lands registered under the Andhra Pradesh Charitable and Hindu Religious Institutions a
3 provisions across 1 enactments
K. Hanumanthu
The Assistant Commissioner of Endowments, Mahaboobnagar
The second Respondent
V.V.S Rao
As recorded by the court registry
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