K.R.Narayana Swamy v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY WRIT PETITION No.124, 1993, 2089, 2060, 2030, 2104, 2058, 3965, 5185, 5190, 5218 & 5344 of 2015 40743, 40618, 40623, 40625, 40630,40632, 40662, 40669, 40622 of W.P.No.124 of 2015 ] Between:

T. Navaneetha PETITIONER AND

1. The State of Andhra Pradesh, rep. by its Secretary, Department of Endowments, Secretariat, Hyderabad and others. RESPONDENTS

ORDER:

All these writ petitions are inter connected and they are being disposed of by this common order with the consent of both the learned counsel.

These writ petitions are filed seeking to declare the orders passed in Original Applications (O.As) by the 2nd respondentEndowments Tribunal under Section 83 of the Charitable and Hindu Religious Institutions & Endowments Act, 1987 (for short 'the Act'), as illegal and arbitrary.

The case of the petitioners is that they are the pattedars of the respective lands, and are paying property tax regularly. When the 4th respondent is trying to dispossess them from the lands in question under the guise of the orders passed in O.As, they have filed the present writ petitions. The petitioners stated that the 4th respondent acquired Ac.5.00 of land for the purpose of Kalyana Mandapam and Ac.10.00 of land for the purpose of erection of Electrical Sub-station and passed eviction orders.

Sri K.R. Prabhakar, learned Standing Counsel for the 4th respondent-Mutt submits that against the impugned order alternative remedy by way of appeal is available to the petitioners under Section 84 (2) of the Act. The learned counsel relied upon the judgment of the Executive Officer, Group Temples, Srikakulam v. Sri Sakhiya Mutt, Srikakulam[1].

Learned counsel for the petitioners seeks permission of this Court to with draw the writ petitions with liberty to avail the alternative remedy of appeal under Section 84 (2) of the Act. In view of the same, these writ petitions are dismissed as withdrawn granting liberty to the petitioners to avail alternative remedy

as available to them under Section 84 (2) of the Act. It is open for the petitioners to raise all the contentions raised herein, in the appeal. No costs. As a sequel, miscellaneous petitions, if any, shall stand closed. Office is directed to return the original orders in O.As filed in these writ petitions.

____________________________ A. RAJASHEKER REDDY, J.

10th March, 2015 Js.

[1] 2010 (5) ALD 739