WP/22355/2004 of Harijana Eeriswamy, Vs The Mandal Revenue Officer, on 27 December 2004

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

MONDAY, THE TWENTY SEVENTH DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE SRI JUSTICE L.NARASIMHA REDDYWRIT PETITION NO : 22355 of 2004

Between:

1 Harijana Eeriswamy, S/o. Harijana Pedda Malobanna, Hindu, R/o. Thimmapuram Village, Karutlapalli (BO), Kudair Mandal, Anantapur District.

2 Harijana Narayana, S/o. Harijana Malobanna, Hindu, R/o. Thimmapuram Village, Karutlapalli (BO), Kudair Mandal, Anantapur District.

3 Kummara Eeriswamy, S/o. Kallayappa,

Hindu, R/o. Thimmapuram Village, Karutlapalli (BO), Kudair Mandal, Anantapur District.

4 Harijana Venkatesulu, S/o. Harijana Chinna Venkatanna, Hindu, R/o. Thimmapuram Village, Karutlapalli (BO), Kudair Mandal, Anantapur District.

5 Harijana Chinna Erriswamy, S/o. Harijana Chinnna Obanna, Hindu, R/o. Thimmapuram Village, Karutlapalli (BO), Kudair Mandal, Anantapur District.

6 Harijana Chinna Malobanna, S/o. Harijana Chinna Malobanna, Hindu, R/o. Thimmapuram Village, Karutlapalli (BO), Kudair Mandal, Anantapur District.

7 Harijana Ramakirshna, S/o. Harijana Pedda Malobanna, Hindu, R/o. Thimmapuram Village, Karutlapalli (BO), Kudair Mandal, Anantapur District.

8 Chinna Bommaiah, S/o. Mekala Chinna Narayana, Hindu, R/o. Thimmapuram Village, Karutlapalli (BO), Kudair Mandal, Anantapur District.

9 Harijana Venkatanna, S/o. Harijana Chinna Obulesu, Hindu, R/o. Thimmapuram Village, Karutlapalli (BO), Kudair Mandal, Anantapur District.

10 Boya Akkulanna, S/o. Pedda Akkulappa, Hindu, R/o. Thimmapuram Village, Karutlapalli (BO), Kudair Mandal, Anantapur District.

11 Harijana Peddanna, S/o. Harijana Pedda Polanna, Hindu, R/o. Thimmapuram Village, Karutlapalli (BO), Kudair Mandal, Anantapur District.

12 chinna Akkulanna, S/o. Boya Bommaiah, Hindu, R/o. Thimmapuram Village, Karutlapalli (BO), Kudair Mandal, Anantapur District.

13 Boya Bommayya, S/o. Pedda Chinna Rayudu, Hindu, R/o. Thimmapuram Village, Karutlapalli (BO), Kudair Mandal, Anantapur District.

14 Boya Pullanna, S/o. Boya Pennappa,

Hindu, R/o. Thimmapuram Village, Karutlapalli (BO), Kudair Mandal, Anantapur District.

15 Boya nadipi Bommayya, S/o. Guddi Chinna Rayudu, Hindu, R/o. Thimmapuram Village, Karutlapalli (BO), Kudair Mandal, Anantapur District.

16 Boya Bhoomappa, S/o. Pedda Chinna Rayudu, Hindu, R/o. Thimmapuram Village, Karutlapalli (BO), Kudair Mandal, Anantapur District.

17 Harijana Pedda Erriswamy, S/o. Harijana Venkatanna, Hindu, R/o. Thimmapuram Village, Karutlapalli (BO), Kudair Mandal, Anantapur District.

18 Boya Karri Bommayya, S/o. Karri Bommayya, Hindu, R/o. Thimmapuram Village, Karutlapalli (BO), Kudair Mandal, Anantapur District.

19 Boya Chinna Akkulanna, S/o. Chennappa, Hindu, R/o. Thimmapuram Village, Karutlapalli (BO), Kudair Mandal, Anantapur District.

20 Kummarra Chinna Sanjappa, S/o. Narasimhappa, Hindu, R/o. Thimmapuram Village, Karutlapalli (BO), Kudair Mandal, Anantapur District.

21 Harijana Obulesu, S/o. Harijana Chinna Polanna, Hindu, R/o. Thimmapuram Village, Karutlapalli (BO), Kudair Mandal, Anantapur District.

..... PETITIONERS

AND

1 The Mandal Revenue Officer, Kudair, Anantapur District.

2 The Revenue Divisional Officer, Anantapur, Anantapur District.

3 The Assistant Commissioner, Endowments Department, Anantapur, Anantapur District.

4 The District Collector, Anantapur District.

5 the Project Director, Velugu (DRDA), Anantapur, Anantapur District.

6 The Executive Director, District Scheduled Caste Service, Cooperative Society, Anantapur District.

7 Sri Anjaneya Swamy Temple, Thimmapuram Village, Kudair Mandal, Anantapur District.

.....RESPONDENTS

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleasedto issue a Writ or order or direction more particularly one in the nature ofMandamus declaring he action of respondents in interfering with the peacefulpossession and enjoyment of the petitioners over the land admeasuring Ac.37-17 Cents situated in Sy.No. 290 of Thimmapuram Village, belonging to SriAnjaneya Swamy Deity is illegal, arbitrary unreasonable, highhanded with outjurisdiction and violative of Articles 14, 21, 300-A of Constitution of India andopposed to very spirit of object of the provisions of Andhra Pradesh Charitableand Hindu Religious Institutions and Endowments Act, 1987 along with theEndowments Lease of Agriculture Land rules 2003.

Counsel for the Petitioners:MR.ATCHUTHANANDA DONDETI

Counsel for the Respondent No.1,2 and 4: GP FOR REVENUE

Counsel for Respondent NO.3 : GP for Endowments Counsel for Respondents Nos.5 and 6 : None appeared Counsel for Respondent NO.7 : Mr. V. Venugopala Rao The Court at the stage of admission made the following ORDER:Petitioners claim to be the tenants in respect of the land belonging to SriAnjaneya Swamy Temple, Timmapuram village, Kudair mandal, Anantapur district. According to them, the entire land of Ac.37.00 situated in surveyNo.290 is in their possession and that they have been paying the lease amountregularly to the Trustee. They referred to the various proceedings that haveensued when their possession was said to have been disturbed or challenged.In this writ petition, they seek a declaration that the action of the respondents ininterfering with their possession over the said land as illegal, arbitrary andwithout jurisdiction and seek consequential directions.

In the counter-affidavit filed on behalf of the temple, the existence of lease infavour of the petitioners is denied. It is also stated that the Government made aproposal for purchase of the land belonging to the temple for the purpose of SCCorporation and after obtaining the approval of the Commissioner, as requiredunder the Andhra Pradesh Charitable and Hindu Religious Institutions andEndowments Act, 1987 (for short ‘the Act’), the lands were sold to the SCCorporation for a consideration of Rs.5,59,050/-. It is stated that sale deedswere also executed on 22.02.2003 and the sale consideration is said to havebeen deposited in two separate banks.

Heard learned counsel for the petitioner, learned Government Pleader forEndowments and learned standing counsel for the seventh respondent.

Admittedly, the lands in question belong to the temple named above. UnderSection 82 of the Act, leases in respect of the agricultural lands stoodcancelled. The respondents have sold away the lands to the SC Corporation.The Commissioner of Endowments, who is vested with the power, approved thesales and the sale deeds have since been executed. Possession is also said tobe with the SC Corporation. Under these circumstances, no relief can begranted to the petitioners.

Arguments

Learned counsel for the petitioners submits that even assuming that the landshave been purchased by the SC Corporation, the petitioners are entitled to beconsidered for allotment of such lands. If that be so, it shall be open to thepetitioners to make applications for allotment of the land and depending on theireligibility and availability of the land, the authority concerned shall considertheir applications. In case, the land has already been allotted to anybeneficiaries, the petitioners shall be furnished the list of the same within twoweeks from the date of receipt of the representation.

The writ petition is accordingly dismissed. No order as to costs.

-----------------------

27.12.2004

ksld

To

1 The Mandal Revenue Officer, Kudiar, Anantapur District.

2 The Revenue Divisional Officer, Anantapur, Anantapur District.

3 The Assistant Commissioner, Endowments Department, Anantapur, Anantapur District. Anantapur, Anantapur District.

4 The District Collector, Anantapur District.

5 the Project director, Velugu (DRDA), Anantapur, Anantapur District.

6 The Executive Director, District Scheduled Caste Service, Cooperative Society, Anantapur District.

7 Two CCs.to the G.P. for Revenue, High Court of A.P., Hyderabad (OUT)

8 The Anjaneya Swamy Temple, Thimmaopuram village, Kudair mandal, Anantapur district.

9 Two CCs. to the G.P. for Endowments, High Court of A.P., Hyderabad (OUT)

10 Two CD copies.