Smt. Kakarala Vijayalakshmi, W/O Bharat Kumar, v. Sri Kesava, Venkateswara Swamy Varla
THE HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION NOs.40923 AND 40932 OF 2015 DATED:22-12-2015 W.P. No.40923 of 2015 Between:
Pendyala Veera Raghavulu and others ... Petitioners And The Government of Andhra Pradesh Rep. by its Principal Secretary Revenue (Endowments) Department Secretariat Secretariat Buildings Hyderabad and others ... Respondents COUNSEL FOR THE PETITIONERS: Mr. K. Satyanarayana Murthy COUNSEL FOR RESPONDENT NOs.1 to 5: A.G.P. for Endowments (AP) COUNSEL FOR RESPONDENT NO.6 : Smt. K. Lalitha, Standing Counsel for Endowment Institutions W.P. No.40932 of 2015 Between:
Kakarala Vijayalakshmi ... Petitioner And Sri Kesava, Venkateswara Swamy Varla Devasthanam Vakatippa Village Kapileswarapuram Mandal East Godavari District Rep. by its Executive Officer and others ... Respondents COUNSEL FOR THE PETITIONER: Mr. M. Vidyasagar COUNSEL FOR RESPONDENT NO.1: Smt. K. Lalitha, Standing Counsel for Endowment Institutions
COUNSEL FOR RESPONDENT NOs.2 AND 3: A.G.P. for Endowments (AP) THE COURT MADE THE FOLLOWING:
COMMON ORDER:
These two writ petitions have been filed assailing separate but common notices issued by the Executive Officer of respondent No.1 - temple in W.P. No.40932 of 2015 (hereinafter called, 'the temple') calling upon the petitioners to vacate the lands in their occupation in Sy. Nos.258/2, 298/2 etc., of Vakatippa Village, Kapileswarapuram Mandal, East Godavari District, by paying certain amounts towards the alleged arrears of damage for illegal occupation, as illegal and arbitrary.
When these writ petitions came up for admission on 17.12.2015, Smt. K. Lalitha, learned Standing Counsel for Endowment Institutions (AP) appearing for the temple, requested for an adjournment for filing an appropriate affidavit to the effect that the possession of the lands in question will be handed over back to the petitioners to enable them to avail appropriate remedy. Today, at the hearing, the learned Standing Counsel submitted that since possession on paper has been taken, this Court may pass appropriate orders to protect the interests of both the parties.
Inasmuch as the petitioners have been asserting their rights over the lands on the basis of registered sale deeds and also records of rights, such as 1-B Register, pattadar passbooks and title deeds, the summary eviction of the petitioners from the lands without following the procedure under Section 83 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, cannot be sustained. However, if the petitioners are asserting their rights over the lands, they are also entitled to approach the Andhra Pradesh
Endowments Tribunal for a declaration that the lands claimed by the temple are private lands and not endowment lands. As the petitioners are stated to have been dispossessed without following due process of law, the authorities of the temple are directed not to interfere with the physical possession of the petitioners, till such time, at least for two months, after constitution of the Andhra Pradesh Endowments Tribunal. Immediately after constitution of the Endowments Tribunal, the petitioners are entitled to approach the said Tribunal by availing an appropriate remedy and also seek interim protection of their possession till the disposal of the proceedings by the Tribunal. Subject to the above directions, the writ petitions are disposed of. As a sequel to disposal of the writ petitions, W.P.M.P. No.52835 of 2015 in W.P.No.40923 of 2015 and W.P.M.P. No.52844 of 2015 in W.P. No.40932 of 2015 shall stand disposed of as infructuous. _______________________ C.V. NAGARJUNA REDDY, J 22-12-2015 bnr