IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF FEBRUARY i TWO THOUSAND AND TWENTY FIVE j PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 17850 OF 2021 Between: Y.Naveen Reddy, S/o.Y.Narayana Reddy, Aged about 34 years, Occ;' Agriculture, R/o. Door No.1/63, Tadigatia Village, C.K.Dinne Mandal, Y.S.R District ...PETITIONER AND The State of Andhra Pradesh, rep., by its Principal Secretary, Revenue Department, Secretariat Buildings,Velagapudi, Amaravathi, Guntur District. The Revenue Divisional Officer, Kadapa Revenue Division, Y.S.R District The Thasildhar, C.K.Dinne Mandal, YSR District. The Commissioner, Endowments, Endowments Department, Vijayawada. The Assistant Commissioner of Endowments, Endowments Department, Kadapa, Y.S.R District. Sri Chennakeshava Swamy Devastanam, Thadigatia Village, C.K.Dinne Mandal, Y.S.R. District rep., by its Executive Officer. 1. 2. 3. 4. 5. 6. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or direction more particularly in the nature of Writ of Mandamus declaring the orders in R.Dis.No A4/8113/2012, dated 17.12.2012 said to have been issued by the one respondent No.4 directing to register to Sri Chennakeshava Swamy Temple, Tadigotia Village, C.K.Dinne Mandal, Y.S.R.District as a Religious Institution and also the consequential entries made by him as if the subject land as an endowment land in Section 43 Register as arbitrary, illegal and quite contrary to the provisions of the Andhra Pradesh Charitable and Religious the provisions of the Andhra Pradesh Charitable Religious Institutions and Endowments Act, 1987 and fundamental and Constitutional rights guaranteed to me under Articles 14, 19, 21 and 300-A of the Constitution of India and consequently a) aside the orders in R.Dis.No. A4/8113/2012, dated 17.12.2012 said to have been issued by the respondent No.4 directing Chennakeshava Swamy Temple, Tadigotia Village, C.K.Dinne Y.S.R.District as a Religious Institution and also the consequential entries made by him as if the land in an extent of Ac.5.67 cents out of Ac.9.31 in Sy.No.360 of Tadigatia Village, C.K.Dinne Mandal, Y.S.R. District, belong to me as an endowment land in Section 43 Register and b) to direct the respondent No.3 to mutate the revenue records and issue E- Pattadar Pass Books-cum-Title Deeds in respect of the land in an extent of Ac. 5.67 cents out of Ac.9.31 cents in Sy.No.360 of Tadigatia Village, C.K.Dinne Mandal, Y.S.R. District in my favour by deleting the words the inaction on the part of the respondent No.3 in considering the petitioner^ request for updation of Revenue Records and issuance of the E-Pattadar Pass Books-Cum-Title Deeds in petitioner's favour in respect of the land in an extent of Ac.5.67 cents out of Ac 9.31 cents in Sy.No.360 of Tadigatia Village, C.K.Dinne Mandal, Y.S.R District, belong to the petitioners, referring to the old revenue records wherein the same is included as an Endowment Land, even though, the said inclusion is declared as illegal vide Order, dated 09.12.2013 made in W.P.No 29506 of 2013 and confirmed in W.A.SR.No.12651 of 2014 vide Order, dated 07.11.2014 as arbitrary and illegal and abdication of the statutory duty cast on him/her and violative of the fundamental Constitutional rights guaranteed to me under Articles 14, 19, 21 and 300-A Hindu and Hindu violative of the to set to register to Sri Mandal, cents and %■ of the Constitution of India and consequently direct the respondents No.3 mutate the revenue records and issue E-Pattadar Pass Book-Cum-Title Deeds in respect of the land in an extent of Ac.5.67 cents out of Ac 9.31 cents in Sy.No.360 of Tadigatia Village, C.K.Dinne Mandal, Y.S.R District in petitioners favour and pass such other order or orders as are deemed fit and proper in the circumstances of the case. (Prayer is amended as per the Court's Order dt.14.11.2024 In I.A.No.02 of 2023 In writ petition and affidavit) to lA NO: 1 OF 2021 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 pleased to direct the respondent No.3 act dated on the Application Nos. 12.04.2020 appropriate action ID. No.TATTA012000050303, ID.NO.TATTA012000061626, dated 28.11.2020 and take and on the same pending, disposal of the above Writ Petition. Counsel for the Petitioner: SRI V. R. REDDY KOWURI Counsel for the Respondent Nos.1 to 3: GP FOR REVENUE Counsel for the Respondent Nos.4 & 5:GP FOR ENDOWMENTS Counsel for the Respondent No.6: SRI NAGARAJU NAGURU, SC FOR ENDOWMENTS The Court made the following: ORDER T 1 r' APHC010301042021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] ■0?:S MONDAY. THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 17850/2021 Between: ...PETITIONER Y.Naveen Reddy, AND ...RESPONDENT{S) The State of Andhra Pradesh and others Counsel for the Petitioner: 1.V R REDDY KOWURI Counsel for the Respondent(S): 1.GP FOR REVENUE 2.G RAMANA RAO (SC FOR ENDOWMENTS RAYALASEEMAREGION) 3.GP FOR ENDOWMENTS The Court made the following order: Initially the Writ Petition has been filed questioning the inaction on the part of respondent No.3 in considering the petitioner’s request for updation of revenue records and issuance of e-pattadar pass books-cum- title deed in his favour in respect of the land to an extent of Ac.5.67 cents No.360 of Tadigatla village, C.K.Dinne Endowment Land out of Ac.9.31 cents in survey Mandal, YSR District, which was included as an w 2 referring to the old records and declared as illegal vide order dated 09.12.2013 No.29506 of 2013. Subsequently the same got amended and sought relief to set aside the orders in R.Dis No.A4/8113/2012 dated 17.12.2012 said to have been issued by respondent No.4 directing Chennakeshava Swamy Temple, Tadigotla village, C.K.Dinne Mandal YSR District as a Religious Institution and also even though the said inclusion is made in Writ Petition to register to Sri consequential entries made by him as if the subject land belongs to him as an endowment land in Section 43 Register and direct respondent No.3 to mutate his name in the revenue records and issuance of e-pattadar pass books-cum-title deed in respect of the subject land in his favour. 2. Heard Sri V.R.Reddy Kowuri, leaned counsel for Sri Krishna Praneeth, learned Assistant Government Pleader authorities and Sri Nagaraju Naguru, learned standing respondent-temple. the petitioner. for revenue counsel for 3. Learned counsel for the petitioner in elaboration to what has been stated in the affidavit contended that the parents of the petitioner presented a document before the Sub-Registrar for registration, but the same was refused on the ground that the subject land was classified as Endowment land. When they enquired about the same, respondent No.3 stated that the subject land was included in the list of Endowment lands basing on the entries in Re-survey and Re-settlement Register. Aggrieved by the same, the parents of the petitioner filed Writ Petition No.29506 of 3 2013 before this Court and respondent No.6 got impleaded as respondent No.6 and this Court, vide order dated 09.12.2013 allowed the Writ Petition directing the Sub-Registrar, Kadapa Rural to entertain the sale deed produced by the parents of the petitioner for registration, giving an opportunity to respondent No.6 to take appropriate action to establish title of the subject land. Aggrieved by the same, respondent No.6 filed W.A.SR No. 152651 of 2014 and the same was dismissed for non prosecution. He further submitted that even the order of the learned Single Judge passed in W.P.No.29506 of 2013 has attained finality, the respondent authorities have not taken steps for updating the revenue records of the petitioner with regard to subject property. As such, prayed to pass orders protecting the interest of the petitioner. Sri Krishna Praneeth, learned Assistant Government Pleader for 4. revenue authorities contended that if there is a dispute with regard to title, the revenue authorities cannot update the revenue records. The Tahsildar is not competent authority to decide the title. He further submitted that there is no material to substantiate that the petitioner has made online applications for updation of revenue records with regard to subject land. The petitioner cannot find fault and raise unnecessary allegations against the revenue authorities. Hence, prayed to dismiss the Writ Petition. Sri Nagaraju Naguru, learned in-charge standing counsel for 5. respondent temple while reiterating the contents of the counter affidavits 4 of respondent Nos.4 to 6 contended that the respondent No.6-temple is under the administrative control of respondent No.5. The said temple was registered under Section 43 of the Act 30/1987 and the approved register maintained under Section 43 contains the details of landed properties of the temple including the subject property. Since six years, the temple has been administering and managing by the Executive Officer and prior to it, the said temple was under private management, that if the petitioner wants to claim He further submitted any title over the subject property, he has to approach the A.P. Endowments Tribunal under Section 87 r/w 45 The petitioner cannot ventilate his grievance before this Court by way of filing this Writ Petition. The petitioner eannot insist the Tahsildar either to mutate his name in the revenue records issuance of e-pattadar pass book in his favour without establishing his ownership rights over the subject property. The Writ Petition is devoid of of the Act 30 of 1987. or merits and prayed to dismiss the Writ Petition. 6. In reply, learned counsel for the petitioner submitted that respondent No.6 instead of initiating the appropriate legal proceedings before appropriate forum, preferred appeal in W.A.SR No. 152651 of 2014 and the same was dismissed for non-prosecution and in view of the same, the order passed in W.P.No.29506 of 2013 attained finality, further submitted that if respondent No.6 He wants to establish title over the subject property, he has to institute a civil suit for declaration of title over the subject land. Since respondent No.5 has Certificate of Registration never issued any IS provided under Sections 43, 45 and 46 of as .— « 5 r the Registration Act, 1987 as an endowment land, the question of claiming that the subject land is endowment land and approaching the Endowment Tribunal as is provided under Section 87 of 1987 would not arise. Hence, prayed to pass orders protecting the interest of the petitioner. 7. Perused the record and considered the submissions made by learned counsel for the parties. 8. The petitioner is claiming the subject property by way of registered gift deed executed by his parents. Pursuant to the acquisition of the subject property, the petitioner made online applications before the revenue authorities for mutation of his name in the revenue records and issuance of pattadar pass book-cum-title deed in respect of the subject property. Aggrieved by the inaction of respondent authorities, the petitioner filed the present Writ Petition. In the counter affidavit of respondent No.6 has categorically taken a stand that the subject property was entered in 43 Register in the year 2012. Perusal of the record, earlier the petitioner’s parents got filed Writ Petition No.29506 of 2013 and this Court, vide order dated 09.12.2013 allowed the Writ Petition and the result portion is extracted hereunder: “Accordingly, the Writ Petition is allowed and a direction is issued to the 6^^ respondent to receive and process the document-deed of conveyance of land to an extent of Ac. 1.50 cents in survey No.360 of Tadigatla village, C.K.Dinne Mandal, Y.S.R District and process the same in accordance 6 A with provisions of Indian Registration Act 1908 and Stamps Act, 1899. If the registration authority is having any objection with regard to registration of document, it shall pass orders and communicate the However, this order does not preclude the 6^^ same to the petitioner, respondent from taking appropriate legal action to establish the title of the land in survey No.360 of Tadigatla village. ” 9. Perusal of the above, opportunity was given to the temple to take appropriate legal action to establish the title of the Admittedly respondent No.6 has not taken subject land. any steps in that regard. When once the property has been entered in 43 Register, no reasons are coming forward as to why the same was not brought to the notice of this Court by respondent No.6 in the earlier round of litigation. Admittedly the order passed by this Court in Writ Petition No.29506 of 2013 has attained finality. Once any individual acquires title, he can make application for updation of the revenue records under Section 4 of Act 1971. an On such application, the original authority has to adjudicate the same under Section 5 of Act, 1971. Tahsildar to It is the duty cast upon the pass orders on such application as per law. When the petitioner has made application in that regard, non-consideration of the same on either way is nothing but failure of doing statutory duty. In so far as entering the temple’s name with regard to subject property in 43 Register, this Court cannot go into the aspect under Article 226 Constitution as to whether it is rightly entered or not. When of the once this Court has given an opportunity to the temple to take appropriate action No.29506 of 2013 and in the said aside the said 43 Register, opportunity to the establish the title in Writ Petition to circumstances, if this Court set by this Court in the would be affected. It is left open to earlier Writ Petition referred supra given the temple authorities to claim contended by learned temple its title before appropriate forum. As rightly in the absence of any material to show Government Pleader, in made an application Assistant for mutation of his name in the direction to the Tahsildar to is inclined to pass the following that the petitioner records, this Court cannot give any entertain the same. Hence, this Court is _ revenue order; make a fresh application for records with regard to the Tahsildar concerned in accordance with law without The 6* respondent-temple is at liberty The petitioner is at liberty to mutation of his name subject property. On such application shall adjudicate the same referring to 43 Register to claim its title as was .29506 of 2013 before appropriate forum m in the revenue stated by this Court in Writ Petition in accordance with No law. Accordingly, the Writ Petition is disposed of. order as to costs. As a sequel thereto, interlocutory a Writ Petition, shall also stand closed. There shall be no 10. pplications pending, if any in the Sd/- N. NAGAMMA ASSISTANT. REGiST^ //TRUE COPY// N OFFICER S To, Department, State of Andhra , Amaravathi, Guntur District. 1. The Principal Secretary, Revenue Pradesh, Secretariat Buildings,Velagapudi % 2. The Revenue Divisional Officer, Kadapa Revenue Division, Y.S.R District 3. The Thasildhar, C.K.Dinne Mandal, YSR District. 4. The Commissioner, Endowments, Endowments Department, Vijayawada. 5. The Assistant Commissioner of Endowments, Endowments Department, Kadapa, Y.S.R District. 6. The Executive Officer, Sri Chennakeshava Swamy Devastanam, Thadigatia Village, C.K.Dinne Mandal, Y.S.R. District. 7. One CC to Sri V. R. Reddy Kovvuri, Advocate [OPUC] 8. One CC to Sri Nagaraju Naguru, SC for Endowments[OPUC] 9. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 10. Two CC’s to GP for Endowments, High Court of A.P. at Amaravati[OUT] 11. Three CD Copies. ssb HIGH COURT DATED:03/02/2025 ^ 10 MAR 2025 ^ cutient Section * ^^ioespATcV^ ORDER WP.No.17850 of 2021 DISPOSING OF THE W.P. WITHOUT COSTS