Andhra Pradesh High Court - Amravati
Karuturi Satyanarayana, vs The State Of Andhra Pradesh, on 5 October, 2020
Author: Kongara Vijaya Lakshmi
Bench: Kongara Vijaya Lakshmi
1
KVL, J
WP No.16357 of 2020
HON'BLE SMT. JUSTICE KONGARA VIJAYA LAKSHMI
Writ Petition No.16357 of 2020
ORDER:
Heard the learned counsel for the petitioner and the learned Government Pleader for Endowments and with their consent, this writ petition is being disposed of at the stage of admission.
Brief facts of the case are that, petitioner is the Managing Trustee of Sri Satyanarayana Swamyvari Temple, Narasaraopeta; his ancestors constructed the said temple long ago; one Koppuravuri Venkatappaiah gifted the land admeasuring an extent of Ac.4.45 cents in Sy.No.110 of Guntagarlapadu village and an extent of Ac.4.62 cents out of Ac.6.90 cents in Sy.No.272 of Uppalapadu village to the temple under a registered gift deed dated 11.07.1921; as per the recitals of the said gift deed, the donors or their successors, as a committee of hereditary trustees, shall manage the temple with the income derived from the above lands; the temple is a 6(c) temple and is registered under Endowments Act and the gifted lands were also registered under section 38 of the erstwhile A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1966; respondents 10 to 18, who are performing archakatvam service for certain periods, are only entitled to enjoy the lease amount and they do not have any right of ownership over the lands gifted to the deity; petitioner came to know that respondents 10 to 18, got created a partition deed amongst themselves and obtained pattadar pass books in their favour; the 13th respondent has alienated a part of the property in favour of 19th respondent; hence on 22.02.2020, petitioner along with respondents 16 to 18 made a representation to respondents 6 to 8 requesting them to include the subject property in the prohibitory list under Section 22-A of Registration Act; on 12.03.2020, he submitted another representation before respondents 2 to 4 requesting them to prevent the alienations and to recover possession of the property 2 KVL, J WP No.16357 of 2020 from the alienees; while things stood thus, petitioner came to know that, Government is contemplating to acquire the property belonging to the temple; since the subject land is temple property, respondents 5 to 8 have to follow the procedure contemplated under Act 30 of 1987 and the rules made thereunder to acquire the land; questioning the inaction of respondents 2 to 4 in protecting the temple property and the failure of respondents 5 to 8 to include the subject property in the prohibitory list, present writ petition is filed.
Sri Ramachandra Rao Gurram, learned counsel for the petitioner, reiterated the contentions raised in the writ petition.
Learned Government Pleader for Endowments uploaded the written instructions received from the Assistant Commissioner, Endowments Department (4th respondent) vide Rc.No.B1/4724/2020, dated ../09/2020. In the said written instructions, it is inter-alia stated as follows:
"Petitioner has got issued legal notice dated 16.07.2020 to the Revenue Divisional Officer, Narasaraopet (7th respondent), the Tahsildar, Narasaraopet (8th respondent) and the Village Revenue Officer, Uppalapadu requesting to include the scheduled property in the prohibitory list and to prevent alienations of the said property and not to entertain any applications of the archakas in making compensation for the lands, which is proposed to be acquired; the 7th respondent forwarded the said notice to the 4th and 8th respondents to take necessary action as per rules in force; on receipt of the letter from the 7th respondent, the 4th respondent directed the Inspector, Endowments Department and the Mandal in-charge Executive Officer, to take immediate action and to submit the details; instructions were also issued to the Inspector of Endowments to prepare and submit details of the land under Section 22A(1)(c) of the Registration Act in the prescribed format to the 4th respondent; after receipt of the same, the 4th respondent would submit the details of the land to the Commissioner of 3 KVL, J WP No.16357 of 2020 Endowments for taking necessary action for inclusion of the lands in the prohibitory list; when adangals were verified, the name of one Vedantham Nageswaraiah Ayyangar is shown for an extent of Ac.1.68 cents in Sy.No.272-2 of Uppalapadu village; the adangal was issued in the name of archaka servicedar instead of the deity and hence, the same should be cancelled; if the archaka servicedars alienated the lands in favour of third parties, petition under Section 83 has to be filed against the present enjoyers of the land before the A.P. Endowments Tribunal, to remove the encroachment and to take possession of the land in favour of the temple; the action is under process to submit the details of the lands i.e., Ac.4.45 cents in Sy.No.110 of Guntagarlapadu village and Ac.4.62 cents in Sy.No.272 of Uppalapadu village under Section 22A(1)(c) of the Registration Act and to place them in the prohibitory list and further action will be taken to obtain the revenue documents in the name of the temple and see that the lands will not be alienated by the archaka servicedars hereafter".
In view of the categorical statement made by the Assistant Commissioner of Endowments- 4th respondent herein in his written instructions, that the action is already initiated to place the subject lands in the prohibitory list under Section 22-A (1) (c) of the Registration Act, to obtain the title deeds in the name of the temple and to see that the lands are not alienated by the archaka servicedars, the official respondents are directed to complete the same as expeditiously as possible in accordance with law.
The writ petition is, accordingly, disposed of. No order as to costs. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
___________________________ KONGARA VIJAYA LAKSHMI, J Date: 05.10.2020 BSS 4 KVL, J WP No.16357 of 2020 HON'BLE SMT. JUSTICE KONGARA VIJAYA LAKSHMI Writ Petition No.16357 of 2020 40 Date: 05.10.2020 BSS