Andhra Pradesh High Court - Amravati
Sri Anjaneya Swamy Vari Called As Sree ... vs The State Of Andhra Pradesh on 13 September, 2024
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APHC010305812011
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3310]
(Special Original Jurisdiction)
FRIDAY ,THE TWENTIETH DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 23487/2011
Between:
Sri AnjaneyaSwamyVari (called As SreeSeetharama ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. VENKATASUBBAIAH V
Counsel for the Respondent(S):
1. GP FOR REVENUE
2. GP FOR ENDOWMENTS
3. GP FOR REGISTRATION AND STAMPS (AP)-17705/AP/0/0
(AP)
The Court made the following:
ORDER:
This writ petition is filed under Article 226 of the Constitution of India for the following relief:
".......to issue a Writ Order or Direction more particularly in the nature of Writ of Mandamus (i) to declare the Revenue Officials has no power to record the agricultural land of the petitioner situated at R S No 54/1 Done Atkuru Village Vijayawada Rural Mandal Krishna District as Endowment land and same is contrary to o A P Charitable and Hindu Religious Institutions and Endowments Act 1987 and G O Ms No 3935 L M dt 01 10 1928 of The Madras Government arbitrary and violative of Article 14 of Constitution of India ii Consequently to declare the proceedings dated 01 06 2011 11 of Respondent No 4 in not giving 2 Valuation Certificate to the petitioners agricultural land in R S No 54/1 Done Atkuru Village Vijayawada Rural Mandal Krishna District is contrary to Andhra Pradesh Registration Prohibition of Registration of Certain Documents Opposed to Public Policy Rules 1999 and violation of Articles 14 and 31A of Constitution of India arbitrary illegal capricious and direct Respondent No 4 to give valuation Certificate to the Petitioners said agricultural land...."
2. The brief facts of the case are that the Petitioner is the Managing trustee of the Petitioner temple situated at R.S. No.54/1, Done Atkuru Village, Vijayawada Rural Mandal, Krishna District. The Petitioner's maternal great grandfather, Late Sri Rayaparthi Venkata Subbayya, Retired Karanam and resident of Poranki Village had constructed a small Anjaneya Swamy Temple in the year 1907 for family purpose in his Mango garden situated at D.No.141 [now R.S. No.433(2)], Poranki Village, Krishna District. The said Subbayya had purchased agricultural land to an extent Ac. 4-06 cents in D. No.28 at Done Atkuru Village, Krishna District, by a registered Sale Deed on 01.07.1915 with his own money in the name Sri Anjaneya Swamy Vari, represented by him as the Trustee. In the resurvey conducted in the year 1927, the above land was shown as field No.54/1 and ownership of the land was shown in the rough settlement register published by the Survey Department as "Anjaneya Swamy". Sri Subbayya had also given written representations on 30.08.1927 and 14.02.1928 respectively to the Spl. Asst. Settlement Officer requesting to incorporate his name as Trustee, but the officer refused to change in the register; however, it didn't effect the rights of the Trustee over the land as per records in his possession. Accordingly, the said Subbayya represented to then Madras Government which issued G.O. Ms. No.3935 L & M, on 01.10.1928, exempting Sri Anjaneya Swamy Temple 3 at Porariki in Bezawada Taluk of Krishna District from all provisions of Madras Hindu Religious Endowments Act, 1926, but the said G.O. is binding on the Govt. of Andhra Pradesh. Sri Subbayya has also installed idols of Sri Rama and Seetha Devi in the said temple which is now called as Sree Seetharamanjaneya Temple.
While the matter stood thus, Sri Subbayya created a Family Temple Trust for Sree Seetharamanjaneya Swamy Temple through his registered Trustee Deed (WILL). He appointed his sons-in-law, Ganugapati Kutumba Rao (H/o Mahalakshmamma) and Tenneti Venkata Subbarayudu (H/o Seetharamamma) as Trustees on 02.08.1929, with their sons as male descendants continuing as hereditary Trustees. The eldest male member by name Tenneti Venkata Subbarayudu to be the Managing Trustee of the said Family temple Trust according to the Trust Deed Will. It was clearly stated in the WILL that the temple was constructed for the benefit of his family and public have no right to enter into the temple. After demise of Tenneti Patabhiramayya, the Petitioner being the eldest male member of my family is the Managing Trustee. It is further stated that, as some persons are interfering with the possession of the said land, the petitioner intends to file a suit and for that purpose he applied for Valuation Certificate for Ac 4.06 cents in R.S.No.54/1, Done Atkuru Village, Krishna District, according to Rule 3 of the Andhra Pradesh Court Fees and Suits Valuation Rules, 1987. But the same was rejected by the Sub-Registrar-4th respondent. Questioning the action of the respondents, the present writ petition has been filed. 4
3. This Court, vide order, dated 19.08.2011, while issuing Rule Nisi, has granted interim direction as prayed for.
4. Heard Sri V.Venugopala Rao, learned Senior counsel representing Sri V.Venkata Subaiah, learned counsel appearing for the petitioner; learned Assistant Government Pleader for Endowments and learned Assistant Government Pleader for Revenue appearing for the respondents.
5. On hearing, learned Senior counsel appearing for the petitioner while reiterating the averments made in the petition, contended that, after granting interim direction by this Court, the petitioner herein has filed a Trust OP No.355 of 2015 on the file of District Judge, Krishna Machilipatnam seeking for declaration that the petitioner temple/Private Trust is not amenable to the provisions of the Indian Trust Act 1862 and as such it is to be declared as a Private Trust with reference to its identity nature, status and purpose etc. and for the ancillary and incidental declaration that the properties owned by the petitioner cannot be identified or described as Endowment properties and cannot be subjected to the provisions of the AP Endowments Act and to any restraint as to their possession and for consequential relief of permanent injunction. The said OP was allowed by the learned District Judge holding that the petitioner temple i.e., Sri Anjaneya Swamy temple situated at Poranki village, Penamaluru Mandal is a private Trust temple, which is being worshipped for the family members of the petitioner herein and it is quite distinct from the public trust and the properties owned by the petitioner cannot be identified or described by Endowments Department as the properties of the 5 Endowment department as the said department has not taken over the property till date and further the provisions under Endowment Act do not apply to the petitioner's temple i.e., "Sri Anjaneya Swamyvari temple". Thereafter the respondents No.1 to 5 are restrained in interfering in any manner with the character and nature of the petitioner's temple i.e., private trust and also with the properties owned by the petitioner to an extent of Ac 4.06 cents, which is situated at Done, Atkuru village and further the respondents are restrained to interfere with the nature of management, user in any manner as they were declared to be owned by the petitioner/Private Trust temple. In view of the above, learned Senior counsel requests this Court, as the property of the petitioner was also declared as Private Trust, the respondents have no right to record the petitioner's Family Trust land as Endowment land. Further, the petitioner has also obtained Valuation Certificate to the subject land on 20.04.2007. Therefore, the endorsement of the 4 th respondent, dated 01.06.2011 is liable to be set aside and in view of the same nothing survives in the present writ petition and the same may be closed.
6. On perusing the material on record and on recording the submissions of learned Senior counsel for the petitioner, this Court is of the opinion that, as stated by the petitioner counsel that the Valuation Certificate has already been obtained by the petitioner and that the trial Court has already declared the petitioner's temple as Private Trust, the impugned endorsement proceedings dated 1.6.2011 issued by the 4th respondent are declared as illegal and arbitrary.
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7. In view of the above, the impugned endorsement proceedings dated 01.6.2011 issued by the 4th respondent is hereby set aside. Further, in view of the orders passed by the learned District Judge in Trust OP No.355 of2015, dated 20.06.2016, no further orders are required to be passed in the present writ petition and the same is liable to be closed.
8. Accordingly, the Writ Petition is closed. There shall be no order as to costs
10. As a sequel, all the pending miscellaneous applications shall stand closed.
_________________________ DR. K. MANMADHA RAO, J.
Date : -09-2024 Gvl 7 HON'BLE DR. JUSTICE K. MANMADHA RAO WRIT PETITON No.23487 of 2011 Date :20.09.2024 Gvl .