Andhra HC (Pre-Telangana)
Sri Lakshminarayana Swamy Matham vs State Of A.P., Endowments Department ... on 20 March, 2002
Equivalent citations: 2002(6)ALT806, 2002 A I H C 3679, (2002) 6 ANDH LT 806
ORDER P.S. Narayana, J.
1. Heard Mr. Badana Bhaskar Rao, learned counsel for petitioner in both the writ petitions and also learned Government Pleaser for Revenue.
2. In both these writ petitions, the relief prayed for is for grant of writ of mandamus declaring the action of the respondents in not paying the Tasdic allowance and Additional Tasdic Allowance to the petitioners as arbitrary and illegal and for appropriate directions. In respect of Writ Petition No. 24831 of 96 the period specified as 1984 in pursuance of G.O.Ms. No. 758 Revenue (J) Department, dated 5-8-1971 and in respect of Writ Petition No. 24830 of 1996, the period is specified as 1983 in pursuance of G.O.Ms. No. 2 Revenue (J) Department dt. 1-1-1980.
3. The avernments made in the affidavits filed in both the writ petitions are substantially same, however, writ petition No. 24831 of 1996 is in relation to the Estate of Golluru alias Sariyapalli whereas W.P.24830 of 1996 is in relation to the estate called "Siritholi Estate".
4. The facts in brief are that these lands were taken over by the Government as per the promulgation of the Estates Abolition Act, 1948 (hereinafter referred to as Act in short). It is also stated that the Director of Settlement Lad fixed the basic tasdic allowance under Section 38 (i) of the Act and though the institution is entitled for additional tasdic allowance under Section 38 (ii) of the Act, the respondents have not granted the tasdic allowance. It is also stated that Writ Petition No, 3338 of 1969 was filed and this Court had directed the respondents to fix and pay the amounts due towards tasdic allowance to the petitioner institution under Section 38 of the Act in respect of the estate of Golluru alias Sariyapalli within three months from the date of the order. The writ petitioner has also narrated about several details and also the issuance of Government Order No. 758 Revenue (J) Dept, dated 5-8-1971. Likewise, the writ petitioner also had preferred Writ Petition No. 1014 of 1976 and a direction was issued by this Court on 5-9-1976 directing the respondents to fix and pay amounts due towards tasdic allowance to the petitioner institution in respect of the "Siritholi Estate" of Srikakulam district. It was also further averred relating to the issuance of G.O.Ms. No. 2 Revenue (J) Dept dt. 1-1-1980 sanctioning the penal rate of tasdic allowance under Section 38(ii) of the Act.
5. Sri Badana Bhaskar Rao. learned counsel for petitioner strenuously contended that the writ petitioner is "Sri Lakshminarayana Swamy Matham" and due to non payment of tasdic allowance and also the additional tasdic allowance the Mahanth of the Matham is unable to even maintain the Matham and though the writ petitioner is legally entitled to the said amounts under the provisions of the Act, and in spite of the directions already issued in this regard in the writ petitions referred to supra, the respondents are not paying the said amounts legally due to the petitioner Matham.
6. However, learned Government Pleader for Revenue had contended that it is no doubt true that as per the respective Government Orders referred to supra in both the writ petitions, the writ petitioner Matham is entitled to more tasdic allowance but details are to be worked out. No doubt, learned Government Pleader had drawn my attention to the Government orders and also certain amounts specified therein.
7. Heard both counsel, also perused the material available on record. Though the writ petitions were filed in the year 1996, till date, the Government had not filed any counter affidavits in both the writ petitions. Section 38 of the Act deals with payment of Tasdic allowance and additional compensation to institutions and the said provision reads as follows:
38. Payment of Tasdic Allowance and Additional Compensation to Institutions:- (1) In the following cases, namely:-
(a) Where the inam estate or part thereof was held immediately before the notified date by any religious, educational or charitable institution, and
(b) Where a zamin or under-tenure estate or part thereof was held immediately before the notified date by any such institution, such estate or part having been endowed for its maintenance, The Government shall, subject to the provisions of Sub-sections (3-A) and (4-A) pay to the institution every year as a tasdic allowance.
(i) in the case of an entire estate, the basic annual sum;
(ii) in the case of a part of an estate, such portion of the basic annual sum as may, on a calculation in the prescribed manner, be ascribed to that part.
(2) Where the tasdic allowance so payable is less than the difference between
(a) the average net annual income derived by the institution from all sources in the estate or part as calculated in the prescribed manner during the five complete fasli years immediately preceding the notified date or during that portion of those fasli years in which the estate or part was held by the institution, and
(b) the income as calculated in the prescribed manner which the institution may be expected to receive from the lands in respect of which it is entitled to a ryotwari patta, the deficiency shall be made good to the institution by the Government every year.
(3) All amount which accrued due to the institution during the period referred to in Sub-section (2) Clause (a) shall be taken into account, whether the amounts were actually collected or not:
Provided that the value in money of anything deliverable in kind to the institution at any time during the period aforesaid shall, where any price has been fixed by the Government for the sale of such thing at such time in the area concerned, be calculated at such price.
(3-A) The tasdic allowance payable under sub-section (1) shall not exceed the average net annual income derived by the institution during the five complete Fasli years immediately preceding the notified date or during that portion of those Fasli years in which the estate or part thereof was held by the institution.
(4) Payment shall be made to the institution under Sections (1) and (2), the aggregate of the amounts payable every year under the said sub-sections to all the institutions, referred to in clause (b) of sub-section (1) shall not exceed a sum of rupees one lakh and fifty thousand; and if such aggregate exceeds in any year one lakh and fifty thousand rupees, a proportionate reduction shall be made in the amount payable in respect of all such institutions for that year may be' limited to the said sum of rupees one lakh and fifty thousand.
(5) Nothing contained in this section shall apply where any land (not consisting of an entire village) granted on service tenure to the institution falls under Section 3 clause (16) (c) of the Estates Land Act.
8. By virtue of the provisions of Section 38 of the aforesaid Act, it is needless to say that the petitioner is entitled to the Tasdic and additional Tasdic allowance and in this regard, necessary government orders had been issued. Despite the same, the grievance of the writ petitioner matham is that the payments are not being made and because of the delay, the petitioner matham is unable to maintain itself.
9. After hearing both the parties at length and especially in the light of the prior judgments of this Court and also the government orders referred to supra and in the light of the provisions of Section 38 of the Act, I am of the considered opinion that it is a fit case, where a direction has to be issued to the respondents 1 and 2 to finalise the tasdic and additional tasdic allowance amounts due to the writ petitioners Matham within a period of 3 months from the date of receipt of copy of this order and arrange the necessary payments thereof.
10. Accordingly, the writ petitions are allowed. No costs.