Andhra Pradesh High Court - Amravati
Madala Punnaiah, vs State Of Andhra Pradesh, on 18 November, 2020
Author: D. Ramesh
Bench: D. Ramesh
HON'BLE SRI JUSTICE D. RAMESH
WRIT PETITION No.16333 of 2020
ORDER:
The present writ petition is filed seeking to declare the action of the 2nd respondent in not deciding petitioners' Appeal dated 31-08-2020 filed under Section 78(1) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 presented against the Resumption Order in Proceedings R.Dis.J/01/2020, dated 21-07-2020 passed by the 3rd respondent in respect of petitioners' agricultural landed property admeasuring an extent of Ac.4-65 cents out of Ac.5-15 cents in Sy.No.481 of Kandukur Town and Mandal in Prakasam District, as illegal, irregular, irrational and amounts to non-discharge of legal obligation conferred on the 2nd respondent under the provisions of said statute and offends Article 14 of Constitution of India and consequently direct the 2nd respondent to decide the petitioners' pending Appeal dated 31-08-2020 in accordance with law, without interfering with their possession over the said lands.
2. Heard learned counsel for the petitioners and the learned Government Pleader for Revenue appearing for the respondents 1 to 4.
3. The petitioners 1 to 8 herein are the respondents 3, 5, 6, 7, 8, 11, 12 and 13 respectively in R.Dis.J/01/2020 on the file of the 3rd respondent. The dispute in the Appeal is the land an extent of Ac.5-15 cents in Sy.No.481 of Kandukur Town. The petitioners are the absolute owners of the land an extent of Ac.4-65 cents out of Ac.5-15 cents of land in Sy.No.481 of Kandukur Town and they 2 have been in possession and enjoyment of the said property by raising dry crops since time immemorial. About Ac.0-50 cents of land in Sy.No.481 of Kandukur Town was given to the Government for construction of the road from Kandukur to their village i.e. Mupparajuvari Kostalu. Subsequently, Mupparajuvari Kostalu village was merged in Kandukur Municipality. The petitioners have jointly raised eucalyptus plants in the said land since 18 years. The petitioners have been cutting away the eucalyptus trees for every five years in the above said land. While the things stood thus, some of the third parties have approached the 5th respondent and got sent a letter dated 19-10-2019 in ROC No.496/2018/G1, Kandukur for allotment of the above said land to an extent of Ac.5-15 cents in Sy.No.481 of Kandukur Town for establishment of Solid Waste Management Plant. The 3rd respondent has obtained report from the 4th respondent on 10-12-2019 and the 4th respondent has reported that the land total extent of Ac.5-15 cents is classified as Inam Dry in the RSR and further informed that the Inam Pattadar is Charitable Tope and the Trustee is one Akkaraju Venkatachalam. The 4th respondent further reported that in Inam- B Register, the said land was entered as Dharmadayam Inam Land and noted on the names of Akkaraju Lakshmi Narsu and Akkaraju Venkatachalam. An Appeal No.1477/2019 was filed by the alleged single trustee of Dharmathopu, Kandukur against the 4th respondent and against petitioners 1 to 8 by claiming right over the above said land. The 4th respondent has informed that he has inspected the land and found eucalyptus trees of 3 years age in the land, raised by some of the agriculturists. Basing on the report submitted by the 4th respondent, the Joint Collector, Ongole has 3 issued orders on 13-01-2020 by directing the 3rd respondent to issue notices to the encroachers for resumption of the said land. The 3rd respondent issued notice to the petitioners 1 to 8 by directing them to appear before the 3rd respondent on 11-03-2020 either in person or by a counsel. The petitioners 1 to 8 got filed Vakalat through their counsel on 11-03-2020 in the office of 3rd respondent. The petitioners 1 to 8 were informed by their counsel that the 3rd respondent will inform the next date of adjournment to file their counter. Due to the pandemic situation and lockdown, the matter was adjourned from 23-03-2020 and no further adjournment was informed. Surprisingly, the 3rd respondent has passed an order on 21-07-2020 by giving direction to the 4th respondent to take possession of the land in Sy.No.481 of Kandukur Town from the encroachers under the cover of panchanama. Aggrieved by the said orders, the petitioners have filed Appeal before the 2nd respondent on 31-08-2020 and the same was stamped on 04-09-2020. Despite filing the stay petition along with Appeal, the 3rd respondent not considered and not passed any orders. Hence the present writ petition.
4. Learned Government Pleader appearing for the respondents 1 to 4 has stated that they would consider the appeal filed by the petitioners and pass appropriate orders within a reasonable time.
5. Considering the above submissions made by both the counsel, the Writ Petition is disposed of, at the stage of admission with the consent of both the counsel, directing the 2nd respondent to consider the appeal filed by the petitioner on 31-08-2020 under Section 78(1) of the Andhra Pradesh Charitable and Hindu 4 Religious Institutions and Endowments Act, 1987 presented against the orders of the 3rd respondent dated 21-07-2020 after issuing notice to the concerned and pass appropriate orders within six (06) weeks from the date of receipt of a copy of this order. Till such time, the respondents are directed to maintain status quo as on today. No costs.
As a sequel, the miscellaneous applications, if any pending, shall stand closed.
______________ D. RAMESH, J Date : 18-11-2020 ARR 5 HON'BLE SRI JUSTICE D. RAMESH WRIT PETITION No.16333 of 2020 Date : 18-11-2020 ARR