Kaparapu Chittimma v. State Of Andhra Pradesh

HON'BLE SRI JUSTICE T.SUNIL CHOWDARY WRIT PETITION No.24143 OF 2016 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking a writ of Mandamus declaring the action of the respondent authorities in issuing notices to the petitioners and demanding them to vacate the land in Survey Nos.77/1 and 77/2 of K.O.Agraharam, Kotananduru Mandal, East Godavari District, as illegal and arbitrary and consequently declare that the authorities cannot demand the petitioners to vacate from the land in their occupation in Survey No.77/1 and 77/2 of K.O.Agraharam, Kotananduru Mandal, East Godavari District, by setting aside the notices dated 28.05.2016 issued to the petitioners by the third respondent and to pass such other necessary orders. Heard the learned counsel for the petitioners and the learned Government Pleader for Endowments.

It is the case of the petitioners that the first petitioner is the owner of an extent of Ac.0.34 cents of land in Survey No.77/1 and Ac.0.26 cents of land in Survey No.77/2, second petitioner is the owner of an extent of Ac.0.33 cents of land in Survey No.77, third petitioner is the owner of an extent of Ac.0.27 cents of land in Survey No.77/2, fourth petitioner is the owner of an extent of Ac.0.33 cents of land in Survey No.77/1, fifth and sixth petitioners are owners of an extent of Ac.1.32 cents of land in Survey No.77/1 and Ac.1.07 cents of land in Survey No.77/2 and the seventh petitioner is the owner of an extent of Ac.0.34 cents of land in Survey No.77/1 and Ac.0.26 cents of land in Survey No.77/2 and all the petitioners are having pattadar pass books in their favour.

The further contention of the learned counsel for the petitioners is that without any right whatsoever, the temple authorities are making attempts to dispossess the petitioners from their patta lands. The third respondent issued a notice on 28.05.2016 directing the petitioners to vacate the landed property in question and hand over the same to the temple.

The contention of the learned counsel for the third respondent is that the land in dispute belongs to the third respondent temple.

Even as per the recitals of notice dated 28.05.2016, the petitioners herein have been in possession and enjoyment of the landed property. The third respondent has no right whatsoever to evict the petitioners without following the procedure as contemplated under Section 83 of the Andhra Pradesh Charitable and Hindu Religious Endowments Act (for short 'the Act'). Having regard to the facts and circumstances of the case, the respondents are hereby directed not to evict the petitioners from the land in question without following due procedure as contemplated under the provisions of the Act. Accordingly, the writ petition is disposed of. As a sequel, miscellaneous petitions pending, if any, in this writ petition shall stand closed.

_______________________ T.SUNIL CHOWDARY, J 25.07.2016 Rns

HON'BLE SRI JUSTICE T.SUNIL CHOWDARY

WRIT PETITION No.24143 OF 2016 Date:25.07.2016 Rns