Telangana High Court
WP/22147/2006 of Merneedi Chakram Vs The Regional Joint Commissioner, Endowments Department on 30 December 2013
SRI JUSTICE A.V.SESHA SAI W.P.No.22147 of 2006 ORDER : This writ petition is filed under Article 226 of the Constitution of India assailing the action of the respondents in dispossessing the petitioner from the property admeasuring Ac 6.06 cents out of Ac.12.51 cents of land in Sy
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ORDER :
This writ petition is filed under Article 226 of the Constitution of Indiaassailing the action of the respondents in dispossessing the petitioner fromthe property admeasuring Ac 6.06 cents out of Ac.12.51 cents of land in SyNos.30/19, 43/1 and 49/1 of Kovvur (Medalane) Village, Kakinada RuralMandal, East Godavari District, as illegal, arbitrary and contrary to theprovisions of the Act 30 of 1987.
Heard Sri S.Subba Reddy, learned counsel for the petitioner, learnedGovernment Pleader for Endowments for respondent Nos. 1 to 3 and SriN.V.Anantha Krishna, learned counsel for the 4[th] respondent-CharitableTrust.
The facts in nutshell, which are essential for adjudication of the issueinvolved in the present writ petition, are as under:
Petitioner’s mother i.e., one Smt late Yelubandi Bavadamma was thetenant of the 4[th] respondent herein in respect of an extent of Ac 12.51 centsof land in Sy Nos. 30/19, 43/1 and 49/1 of the above said Village, andduring her lifetime, she cultivated the said property and was paying makta tothe 4[th] respondent. After the death of Bavadamma, the petitioner herein andthe adopted son of the petitioner’s mother namely Kondala Rao cultivatedthe subject property and pursuant to the civil litigation between the petitionerand the said Kondala Rao, there was a compromise entered into and thepetitioner herein took the possession of Ac 6.06 cents out of total extent i.e.,Ac 12.51 cents of the property of the 4[th] respondent and was cultivating thesaid property by paying makta to the 4[th] respondent authorities herein.
While the things be so, the 4[th] respondent filed O.A.No.54 of 2004before the Deputy Commissioner, Endowments Department, Kakinada,East Godavari District-the 2[nd] respondent herein, for eviction and the saidO.A. was allowed by the 2[nd] respondent by order of eviction, vide OrderNo.34 of 2005, dated 15.03.2005. Assailing the said order of eviction, thepetitioner herein filed W.P.No.13287 of 2005 before this Court and the saidwrit petition was allowed on 27.06.2005 by setting aside the order ofeviction and remanding the matter to the 2[nd] respondent for fresh disposal. Subsequently, the said O.A.No.34 of 2004 was withdrawn by therespondent authorities. Thereafter, the 4[th] respondent issued an auctionnotice dated 12.10.2006, proposing to lease out the rights for taking awaythe crop from the subject property. The respondent authorities also took thepossession of the property on 26.10.2006. At that time, the petitioner hereinapproached this Court by way of filing the present writ petition under Article226 of the Constitution of India.
This Court vide W.P.M.P.No.28116 of 2006 in W.P.No.22147 of2006, dated 26.10.2006, passed the following order :
“Pending further orders, in view of the fact that thepetitioner’s entitlement to occupy the lands of the 4[th] respondent,without a valid and subsisting lease in her favour, requires to beconsidered in the writ petition, the impugned public auctionnotification dated 12.10.2006 issued by the 4[th] respondent forharvesting the crop in lands in an extent of Ac 12.51 cents inSy.Nos.30/19, 43/1 and 49/1 of Kovvur (Medaline) Village, claimedto have been raised by the petitioner, is suspended.
The 3[rd] respondent may however have the existing cropharvested under his supervision.
The proceeds may be sold and the amount deposited in aseparate account for the purpose of disposition, in accordance withthe result in the writ petition.”
A counter-affidavit is filed by the 4[th] respondent herein, opposing the present writ petition and raising a number of contentions.
During the course of arguments, it is brought to the notice of thisCourt that pursuant to the interim orders granted by this Court, under thesupervision of the 3[rd] respondent, the existing crop was harvested and anamount of Rs.1,01,000/- was deposited with Indian Bank, Kakinada Branchon 03.11.2006 and the said amount is lying in fixed deposit.
On the other hand, it is submitted by the learned counsel for the 4[th]respondent that the said amount may be permitted to be withdrawn by thepetitioner after deducting the arrears payable, if any, to the 4[th] respondentherein. In view of the said submissions, this Court deems it appropriate todispose of the present writ petition.
For the aforesaid reasons, this writ petition is disposed of, directingthe 3[rd] and 4[th] respondents herein to permit the petitioner herein towithdraw half of the above said deposited amount of Rs.1,01,000/- afterdeducting arrears, if any, payable to the 4[th] respondent herein. There shallbe no order as to costs.
As a sequel, the miscellaneous petitions, if any, stand closed. Thereshall be no order as to costs.
__________________
A.V.SESHA SAI, J
Date: 30.12.2013gvl
Date : 30.12.2013
Gvl
IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESHAT HYDERABAD
Date: 30.12.2013
Between:
Merneedi Chakram
And
.. Petitioner
The Regional Joint Commissioner,Endowments Department, Multi Zone-1,Kakinada, East Godavari District and 3 others.
.. Respondents