APHC010588892016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] THURSDAY, THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 19281/2016 Between: Janagam Adamma, ...PETITIONER AND The State Of Andhra Pradesh Rep By Its Principal Secretary and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. KRISHNA RAO MODHALAVALASA Counsel for the Respondent(S): 1. GP FOR ENDOWMENTS (AP) 2. ELEVATED AS JUDGE The Court made the following: ORDER: This writ petition is filed under Article 226 of the Constitution of India for the following relief: “….to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents particularly the 3rd respondent and their staff without following the procedure established under the law trying to evict the petitioner from land admeasuring 58 square yards, in T.S.No.798 situated 2 at Municipal Ward No.9, Hukumpet, Vizianagaram Municipality, Vizianagaram District as illegal and consequently direct the 3rd respondent not to interfere with the peaceful possession and enjoyment of the petitioner’s land and pass such orders ..… 2. The brief facts of the case of the petitioner are that the husband of the petitioner obtained land admeasuring 58 square yards situated at Hukumpet, Vizianagaram District through settlement deed for a valuable consideration of Rs.12,000/- on 01.09.1988, since then, he has been in possession and enjoyment of the said property. It is further stated that 3rd respondent temple has filed O.A.No.403 of 1997 against her husband for eviction of land in T.S.No.798 admeasuring 315 square feet alleging that her husband encroached the property belonging to the 3rd respondent temple. While things stood thus, the husband of the petitioner died on 18.12.2001, later the petitioner came to know that the 2nd respondent passed the orders on 22.02.2000 in the above O.A.No.403 of 1997. The petitioner submits that the 2nd respondent Tribunal did not intimate about the said orders to her husband or to her. The petitioner further contends that the 2nd respondent ought to have communicated the copy of the order, but till date there is no communication from the 2nd respondent, if the 2nd respondent communicates about the said orders, she would be able to initiate appropriate proceedings against the said orders as per law. It is further stated that after demise of the husband of the petitioner, she is in peaceful possession and enjoyment of the said land. Recently the respondent authorities are trying to interfere with her peaceful possession 3 over the said land and harassing her to evict from the premises without giving any opportunity or show cause notice and without assigning any reasons. Hence, the present writ petition came to be filed. 3. This Court vide order dated 20.06.2016, while issuing Rule Nisi, granted interim stay as prayed for. 4. The counter affidavit has been filed by the 3rd respondent denying the allegations made in the writ petition and stated that Sri Mannar Rajagopala Swamy Vari Temple, Anasapurapu Vari Street, Kothapeta, Vizianagaram Town & District is notified under Section 6(c) Institution as per the Andhra Pradesh Hindu Religious and Charitable Act 1987 and the same is under the Administrative control of the Endowments Department, Andhra Pradesh. The 3rd respondent temple is the absolute owner of the land measuring 32021 square feet situated in T.S.No.798 of Vizianagaram town and Mandal. As per the entries made in Section 38 register and Section 43 register maintained by the temple, the said land is donated to the temple for the purpose of “Ratha Yatra” of Jagannadha Swamy. Any sale transaction or settlement transaction done behind the back of the temple without prior permission of the competent authority is void as per the Section 80 of Endowments Act 30 of 1987 and prayed the Court to dismiss the petition. 5. Heard Sri M.Krishna Rao, learned counsel for the petitioner and learned Assistant Government Pleader for Endowments appearing for the respondents. 4 6. On hearing, learned counsel appearing for the petitioner, while reiterating the contents made in the petition, submits that the respondent authorities are trying to interfere with the petitioner’s peaceful possession over the subject land without even communicating the proceedings passed in O.A.No.403 of 1997, which is illegal and arbitrary and if she is evicted from the property, she will suffer irreparable loss and prayed the Court to allow the petition. 7. Per contra, learned Assistant Government Pleader, while reiterating the contents made in the counter affidavit, submits that the husband of the petitioner encroached the temple property admeasuring 315 square feet in Sy.No.798 along with other property and constructed a thatched house, as such the temple authorities have filed O.A.No.403 of 1997 before the Deputy Commissioner, Endowments Department, Kakinada for eviction of husband of the petitioner. After passing the orders in the said O.A., the subject land was kept vacant and boards were erected showing that the land belongs to the temple. While the matter stood thus, the petitioner herein illegally tried to raise constructions, at this juncture, the present Executive Officer has made a police complaint on 22.05.2016 to the Station House Officer, II Town Police Station, Vizianagaram, thereafter the petitioner herein has filed the present writ petition with all false and frivolous allegations. Therefore, prayed to dismiss the writ petition. 8. Perused the material on record. 5 9. At the time of hearing, this Court called for the record of Proceedings of Deputy Commissioner and the respondents have produced the same before this Court. On perusal of the same, it is observed that, the husband of the petitioner by name Janagam Abbai received the notice in O.A.No.403 of 1997, as such, it appears that the respondent authorities have given opportunity to the petitioner’s husband and passed reasoned order vide order dated 22.02.2000. 10. As seen from the order dated 22.02.2000 passed in O.A.No.403 of 1997, it is observed that, though the husband of the petitioner received notice, he called absent and no counter was filed on his behalf, thereafter the Deputy Commissioner directed the husband of the petitioner herein to vacate the schedule property within a period of 30 days from the date of receipt of a copy of that order, failing which the authorities will be proceeded with under Section 84 of the Act 30 of 1987. It is further observed that the Assistant commissioner, Endowments Department, Vizianagaram, is directed to implement the orders under Section 84 of the Act 30 of 1987, if necessary by taking police assistance. In view of the same, the above said order became final in the year 2006 itself. 11. It is the contention of the petitioner that the respondents, without following due procedure, are trying to dispossess the petitioner with the help of police from the land admeasuring 58 square yards in T.S.No.798 and 782- part situated at Municipal ward No.9, Hukumpet, Vizianagaram Municipality, Vizianagaram District. However, it is the contention of the learned Standing 6 Counsel for respondent No.3 that the Endowments Department took possession of the property on 29.12.32006 in pursuance of the order dated 22.02.2000 in O.A.No.403 of 1997. 12. But as stated by the learned counsel for the petitioner, in view of the interim orders, the petitioner is continuing in the possession of the schedule property without having any possession of the land. 13. Therefore, the petitioner is not entitled for grant of any relief. Therefore, this Court found no merits in the instant writ petition and this petition is devoid of merits and the same is liable to be dismissed. 14. Accordingly, this Writ Petition is dismissed. There shall be no order as to costs. 15. As a sequel, interlocutory applications, if any pending, shall stand closed. _________________________ DR. K. MANMADHA RAO, J. Date : 10.04.2025 sj 7 119 HON’BLE DR. JUSTICE K. MANMADHA RAO WRIT PETITION No.19281 of 2016 Date :10.04.2025 sj