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1 - 4 of 4 (0.22 seconds)Budhan Singh & Anr vs Nabi Bux & Anr on 20 August, 1969
3. Rule 7 of the A.P. Charitable and Hindu Religious Institutions and Endowments Lease of Agricultural Lands Rules, 2003 (for short 'the Rules') and provisions of similar rules earlier to these; whether made under the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1966 or under the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short 'the New Act'), as well as the general principles of Administrative Law and authoritative precedents, obligate Endowment properties to be alienated including by way of lease only by a transparent public process in a manner which would ensure the fetching of a competitive return on Endowment properties and not by clandestine and sub-rosa private understandings between Endowment officers or managers of temples and private individuals. The unauthorized occupation of the Endowment lands by the petitioners without a lease deed executed in their favour by or on behalf of the Endowment after following the due process of law; substantive and procedural, would not elevate the occupation of the petitioners to the status of cultivating tenants as understood by the provisions of the New Act. The expression 'cultivating tenant' in Section 82 of the New Act, must mean a cultivating tenant under a lawful, duly executed lease and not a person who is the beneficiary of a negligent or careless exercise of ultra vires conduct of endowment officials acting in defiance of the provisions of the Act and the Statutory rules - see in this connection (Bhdan Singh v. Nabi Bux
). There is no exclusion in this principle by the mere fact that the petitioners are in such an unauthorized occupation since long or from times immemorial. The petitioners do not claim any prescriptive title or ownership to the lands in question.
Section 82 in The Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 [Entire Act]
Section 83 in The Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 [Entire Act]
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