WP/11427/2002 of Smt.Buddi Reddy Suseelamma, Vs The Revenue Divisional Officer, on 30 December 2010

Conclusion

ORDER:

WRIT PETITION No.11427 of 2002

The four petitioners filed the instant writ petition. First petitioner isthe wife and the second and third petitioners are sons of one BadireddyBala Subba Reddy (BBSR). Aggrieved by the proceedings of the firstrespondent dated 07.01.2002 and 17.04.2002, they filed the instantpetition. This is a second round of litigation and therefore the writ petitiondraws sustenance from an order passed by this Court in earlier writpetition.

The land admeasuring Ac.1.00 in Survey No.196 and Acs.3.48cents in Survey No.248 situated at B.Kodur Village and Mandal allegedlywas sold by Vaddemanu Venkata Subbaiah, Chinna Subbaiah andothers, who were Bhajanthries (temple musicians) of the fourthrespondent temple to BBSR in 1995. A sale deed was allegedlyregistered subsequently. Claiming it to be endowment land, the fourthrespondent notified auction of the said land. Feeling aggrieved, BBSRfiled W.P.No.18783 of 1995 seeking declaration that the auction is badand illegal. By an order, dated 30.11.1995, the writ petition was disposedof. The first respondent herein was directed to ascertain the factum ofpossession of the petitioners and to take appropriate action according tolaw.

In obedience to the mandamus in W.P.No.18783 of 1995, the firstrespondent conducted enquiry and by proceedings No.Ref.B/159/96,dated 07.01.2002, advised the Endowments Department to take actionfor protection of rights of the Bhajanthries to the extent of getting produceof the land in question for their service to the deities. The RevenueDivisional Officer also observed that the land in question is registered asInam land and that Bhajanthries, who are rendering service to the deities,sold away the land under a mistaken impression that it is their land andthat the petitioners’ predecessor failed to produce recorded evidence oftitle of having obtained pattas for the lands registered as Inam lands. After death of BBSR on 18.07.2001, petitioner Nos.1 to 3 filed a petitionseeking review. They also filed an application to come on record aslegal representatives. By endorsement being L.Dis.B.181/2002, dated17.04.2002, the review petition was rejected. Hence, this writ petition.

The first respondent filed counter affidavit. The brief avermentsthereof are as follows. As per the classification and nature of the land inResurvey Settlement Register, the land is registered in the names of SriVenugopala Swamy, Anjaneya Swamy, Ramalingeswara Swamy andNallagvonda Narasimha Swamy. The land is endowments land and allthe revenue records including 10(1) adangal reflect the names of thepattedars. The petitioners vendors were rendering Bhajanthri serviceand were allowed to enjoy the crops without any rights of alienation. Pursuant to the orders of this Court in W.P.No.18783 of 1995, enquiry

was conducted after issuing notices to the interested persons. During theenquiry, the petitioners claimed that they purchased the land fromBhajanthries and the Endowments Department claimed that it is theirland. As there is a dispute regarding possession, the RevenueDivisional Officer personally conducted enquiry and found that the land isvacant with shrub growth and is not in possession of anybody. Insofar asthe enquiry under the Andhra Pradesh (Andhra Area) Inams (Abolitionand Conversion into Ryotwari) Act 1956, (for brevity, Inams Act), theRevenue Divisional Officer admits that no record is available to show thegrant of patta in favour of the vendors of the petitioners. There is also norecord to show that ryotwari patta was issued in favour of the deities. TheRevenue Divisional Officer, however, asserts that the land belongs to theEndowments Department, who are required to take action under Section83 of the Andhra Pradesh Charitable and Hindu Religious Institutions &Endowments Act, 1987 (for brevity, Endowments Act). It is also statedthat in 1996, the Deputy Commissioner of Endowments, after due enquirypassed orders on 28.11.1997 declaring BBSR as encroacher of thesubject land. The encroacher was directed to vacate the land within 15days and the Assistant Commissioner of Endowments, Kadapa, wasdirected to take possession of the land. The petitioners have not filed any reply affidavit denying the counter averments.

The respondents contend that the subject land is Inam landregistered in the name of religious institution, namely, the fourthrespondent. Admittedly, as of now, neither any Inam record is availablenor a ryotwari patta was granted under Section 7(1) of the Inams Act infavour of the fourth respondent. The counter allegation of the firstrespondent that the Deputy Commissioner of Endowments, Kurnool,passed order, dated 28.11.1997, under Section 83(1) of the EndowmentsAct remains uncontroverted. Therefore, there is no clarity with regard tothe nature of the land or nature of possession. This Court requested theAdvocate General to appear in the matter. After getting instructions, hesubmitted that unless and until the land is determined to be inam landbelonging to the religious institution, the Revenue Divisional Officercannot exercise any jurisdiction under Section 77 of the Endowments Actnor can resume the endowments land. Therefore, the order of theRevenue Divisional Officer, dated 07.01.2002, impugned in this writpetition to the extent it makes observations adverse to the petitioners, isunsustainable. Insofar as the claim of the fourth respondent isconcerned, as rightly contended by the Advocate General, it is alwaysopen to the fourth respondent to seek a declaration and necessarydirections under Section 87 of the Endowments Act before theEndowments Tribunal constituted under Section 162 of the Endowments Act. Till such time, the fourth respondent takes action, there shall bestatus quo obtaining as on today. If the petitioners are not in possessionof the subject land, this order shall not be construed as enabling them totake possession of land.

The writ petition stands disposed of accordingly without any orderas to costs.

30.12.2010KH

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V.V.S. RAO, J