Andhra Pradesh High Court - Amravati
Uppalapati Pattabhiramaiah vs Sri Dharmadayam Thopu, on 16 November, 2021
Author: R.Raghunandan Rao
Bench: R.Raghunandan Rao
THE HONOURABLE SRI JUSTICE R.RAGHUNANDAN RAO
WRIT PETITION No.12301 OF 2010
ORDER:-
The petitioner claims to be the absolute owner and possessor of Ac.0-57 cents of land in Sy.No.106 of Konanki Village of Martur Mandal, Prakasam District.
2. It is the case of the petitioner that his forefathers have been in possession of the said property from the year 1796 and the same was an inam land which was granted to the forefathers of the petitioner and it is also indicated in the Re-Survey and Re-Settlement Register of the village showing the names of the forefathers of the petitioner as the persons in possession and as inamdars.
3. The petitioner is aggrieved by the action of the Single Trustee of the 1st respondent, who is said to be attempting to evict the petitioner from the aforesaid land without following due process of law.
4. The respondents have filed their counter in which the respondents claimed that the 1st respondent is the owner of the property on account of the fact that the inam land was granted in favour of the 1st respondent.
5. The issues raised by both sides relating to questions of fact would require an appropriate enquiry and trial and cannot be gone into by this Court, exercising jurisdiction, under Article 226 of the Constitution of India.
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6. However, the contention of the petitioner that he cannot be dispossessed without following any procedure established by law, cannot be rejected. The 1st respondent, which is an Endowment Institution, is required to follow the due process in evicting any person from land that is said to be endowment land.
7. In the circumstances, this Writ Petition is allowed directing the respondents not to dispossess the petitioner except in accordance with due procedure of law. There shall be no order as to costs.
Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.
__________________________________ JUSTICE R.RAGHUNANDAN RAO Date : 16-11-2021 ARR 3 THE HONOURABLE SRI JUSTICE R.RAGHUNANDAN RAO WRIT PETITION No.12301 OF 2010 Date : 16-11-2021 ARR