Andhra Pradesh High Court
WRIT PETITION 25103/2012 on 13 September 2003
/
IN THE HIGH COURT OF ANDHRA PRADESHAMARAVATI(Special Original Jurisdiction)THURSDAY, THE SEVENTEENTH DAY OF APRILTWO THOUSAND AND TWENTY FIVEPRESENTTHE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVAWRIT PETITION NO: 25103 OF 2012
Between;
DoddakaPitchaiahS/o.Kotaiah,Aged68years,Occ;Agriculture,R/o.Mandadam Village, Tulluru Mandal, Guntur District.
...PETITIONER
AND
1. The Commissioner, Endowments Department, Tilak Road,Boggulakunta, Hyderabad, A.P.Boggulakunta, Hyderabad, A.P.
2. The Regional Joint Commissioner, Endowments Department,[Multi]Zone-ll, Tirupathi, Chittoor District, A.P.Zone-ll, Tirupathi, Chittoor District, A.P.
3. The Assistant Commissioner, Endowments Department,[Naaz][ Centre,]Guntur.Guntur.
4.Sri Ramalingeswara Swamy Temple, Mandadam Village,[Tulluru]Mandal, Guntur District, Rep. by its Executive OfficerMandal, Guntur District, Rep. by its Executive Officer
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that inthe circumstances stated in the affidavit filed therewith, the High Court maybe pleased to issue a Writ, Order or direction more[particularly][ one][ in][ the]nature of WRIT OF CERTIORARI calling for the records[relating][ to] order[ in]Appeal No.44of 2011,dated;11-07-2012 on thefileof RegionalJointCommissioner, Endowments Department, Andhra Pradesh,[Multi][ Zone-11,]Tirupathi and to quash the same, holdingit as bad,[illegal][ and][ contrary][ to]the provisions of The Andhra Pradesh Charitable andHinduReligiousInstitutions and Endowments Act,particularly Section[82]of thesaid Actand Rules made there under and consequentially to uphold[the][ order][ of][ the]
3'" Respondentin Rc.No.A5/6032/2003, dated: 13.09.2003 declaringthestatus of the Petitioner as landless poor in respect of agricultural dry landto an extent of Ac.3.67 V2 cents in Sy.No.280/A, B and C of VelagapudiVillage, Thulluru Mandal, Guntur District.
l-A. NO: 2 OF 2012rWPMP. NO: 32014 OF 9ni?|
Petition under Section 151 CPC praying that in the circumstancesstated in the affidavit filed in support of the petition, the High Court may bepleased to suspend the operation of orderin Appeal No.44of 2011,dated. 11-07-2012 passed by the 2^*^ Respondentso astocontinue thePetitioner in the agricultural dry land to an extent of Ac.3.671/2 centsinSy.No.280/A, B and C of Velagapudi Village, ThuliumMandalGunturDistrict, pending disposal of the Writ Petition.
I.A. NO: 1 OF 2012(WVMP. NO: 3802 OF 201?}
Between:
Sri Ramalingeswara Swamy Temple, Mandadam Village. Tulluru Mandal,Guntur District, Rep. by its Executive Officer
...VACATE PETITIONER
AND
1. DoddakaPitchaiah,S/o.Kotaiah, Aged 68years,Occ;AgricultureR/o.Mandadam Village, Tulluru Mandal, Guntur District.R/o.Mandadam Village, Tulluru Mandal, Guntur District.
...RESPONDENT/WRIT PETITIONER
Page 1 of 4
3. The Regional Joint Commissioner of Endowments, Tirupathi, MultiZone-ll.Zone-ll.
4. The Assistant Commissioner, Endowments Department, Guntur,Guntur.Guntur.
...RESPONDENTS/RESPONDENTS
Petition under Section 151 CPC praying that in the[circumstances]stated in the affidavit filed in support of the petition,[the][ High][ Court][ may][ be]WPMP.No.32104/2012pleased to vacate the interim orders passedindated; 14/08/2012 in WP.No.25103/2012.
lA NO: 1 OF 2023
Between:
The Regional Joint Commissioner, Endowments Department,[Multi][ Zone-ll]Tirupathi, Chittoor District, A.P.
...PETITIONER/2"‘^ RESPONDENT
AND1. DoddakaPitchaiah,S/o.Kotaiah, Aged68years,Occ;AgricultureR/o.Mandadam Village, Tulluru Mandal, Guntur District.R/o.Mandadam Village, Tulluru Mandal, Guntur District.
...RESPONDENT/PETITIONER
Page 2 of 4
3. The Assistant Commissioner, Endowments Department,[Naaz][ Centre,]Guntur.Guntur.
4.Sri Ramalingeswara Swamy Temple, Mandadam Village,[Tulluru]Mandal, Guntur District, Rep. by its Executive OfficerMandal, Guntur District, Rep. by its Executive Officer (Respondent No.2 to 4 are not necessary parties in[this][ petition)]
...RESPONDENTS/RESPONDENTS
Petition under Section 151 CPC praying thatin the[circumstances]stated in the affidavit filed in support of the petition,[the][ High][ Court][ may][ be]pleased to vacating the interim suspension orders issued[by][ the][ Hon'ble]courtin WP MPNo. 32014of 2012in WP No. 25103of[2012]dated14-08-2012 and dismiss the above writ petition.Counsel for the Petitioner: SRI V. V. N. NARASIMHAM
Counsel for the Respondent Nos.1 to 3: GP FOR ENDOWMENTSCounsel for the Respondent No.4: SRI KOPPERA KOTESWARA[RAO,][ SC]FOR ENDOWMENTS
The Court made the following: ORDER
APHC010775572012
IN THE HIGH COURT OF ANDHRA PRADESHAT AMARAVATI[3458](Special Original Jurisdiction)
THURSDAY ,THE SEVENTEENTH DAY OF APRILTWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA
WRIT PETITION NO: 25103/2012
Between:
Doddaka Pitchaiah
...PETITIONER
AND
The Commissioner and Others
...RESPONDENT(S)
Counsel for the Petitioner:
1.VVN NARASIMHAM
Counsel for the Respondent(S):
1.VT M PRASAD
2.GP FOR ENDOWMENTS
The Court made the following:
ORDER:
Heardthe learned counselfor thepetitioner,SriSrinivasPathuri,learned Assistant Government Pleader for Endowments[and]Sri KopperaKoteswsara Rao, learned Standing Counsel for the respondent[No.4.]
nd
2. The Writ Petitionis filed against the impugned order[of][ the][ 2]respondent passed in Appeal No.44 of 2011, dated 11.07.2012.
3. The contention of the petitioneris that the petitioner[has][ been]cultivatingtheagriculturaldry landsofthe4*''respondenttemple.Thepetitioner wasrecognizedaslandlesspoorvide proceedingsof theS'"*respondent, dated 13.09.2003 u/s.82 of the A.P. Charitable Hindu ReligiousEndowments Act, 1987. Against the said order, the Endowments DepartmenthasfiledanAppealbeforethe2ndrespondentRegionalJointCommissioner. The Appellate Authority has set aside the order of the originalauthority recognizing the petitioner as a landless poor person on the groundthatthe Templeexecutednoregisteredleasedeedinfavourofthepetitioner.As such, there was no valid lease; therefore, the benefit underSection 82 of the Andhra Pradesh Charitable and Hindu Religious Institutionsand Endowments Act, 1987, cannot be conferred on the petitioner.
Page 3 of 4
4. Learned counselfor thepetitioner contends that the Appealagainst the original order, dated 13.09.2003, was filed by the EndowmentsDepartment in 2011 with an inordinate delay of 8 years, and the appellateauthority has nojurisdictionto condonethe delay of8years.Withoutconsidering the said delay,the impugned order waspassedby the2ndrespondent.In support of his contention, learned counsel for the petitionerrelies on the decision of this Court in W.P.No.18313 of 2011 & batch, dated25.06.2012.against the original order, dated 13.09.2003, was filed by the EndowmentsDepartment in 2011 with an inordinate delay of 8 years, and the appellateauthority has nojurisdictionto condonethe delay of8years.Withoutconsidering the said delay,the impugned order waspassedby the2ndrespondent.In support of his contention, learned counsel for the petitionerrelies on the decision of this Court in W.P.No.18313 of 2011 & batch, dated25.06.2012.
5. Having regard to the contentions advanced, this Court, placingreliance on the decision of this Court referred supra, is of the considered viewthattheimpugnedorderofthe2ndrespondentisnotsustainableinreliance on the decision of this Court referred supra, is of the considered viewthattheimpugnedorderofthe2ndrespondentisnotsustainablein entertaining the appeal after 8 years from the date of the order of the originalauthority, hence the same is required to be set aside,Accordingly, the sameis set aside.
6. However,havingregardtotheProvisoto Rule3ofA.P.Charitable andHinduReligiousInstitutionsandEndowmentsLeaseofAgricultural Lands Rules, 2003, the respondents are at liberty to reexaminethe case of the petitioner about hiseconomic status and pass app.ropriateorders.Charitable andHinduReligiousInstitutionsandEndowmentsLeaseofAgricultural Lands Rules, 2003, the respondents are at liberty to reexaminethe case of the petitioner about hiseconomic status and pass app.ropriateorders.
7. With the above observation, the Writ Petition is allowed. Thereshall be no order as to costs.
As a sequel, all pending miscellaneous applications shall stand closed.
That Rule Nisi has been made absolute as above. Witness the Hon’blethe Chief Justice Sri Dhiraj Singb Thakur on this Thursday,[Seventeenth]day of April, Two Thousand and Twenty Five.
Sd/- A VENUGOPALA RAOASSISTANT REGISTRAR
//TRUE COPY//
SECTION OFFICER
-V
To
1. The Commissioner, Endowtnqnts Department, Vijayawada, A.P.
2. The Regional Joint Commissioner, Endowments Department,[Multi]
Zone-ll, Tirupathi, Chittoor District, A.P.
3. The Assistant Commissioner, Endowments Department, Naaz Centre,Guntur.Guntur.
4. The Executive Officer, Sri Ramalingeswara Swamy Temple,[Mandadam]Village, Tulluru Mandal, Guntur District.Village, Tulluru Mandal, Guntur District.
5. One CC to Sri V. V. N. Narasimham, Advocate [OPUC]
6. One CC to Sri Koppera Koteswara Rao, SC for Endowments[OPUC]
7. Two CCs to GP for Endowments, High Court of Andhra Pradesh. [OUT]
8. Three CD Copies.
ssb
HIGH COURT
DATED: 17/04/2025
ANDH^^mX0 'I JUN 2025CoCurrent i*eciion
ORDER
WP.No.25103 of 2012
ALLOWING THE W.P. WITHOUT COSTS
r
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