IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATT MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE R RAGHUNANDAN AND THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAWI WRIT APPEAL NO: 457 OF 2022 Writ Appeal under Clause 15 of the Letters Patent against the Order dt. 23.09.2021 in WP No. 23856/2020 on the file of the High Court. Between: 1. The State of Andhra Pradesh, rep by its Principal Secretary Endowments Department Secretariat, Buildings Velagapudi Andhra Pradesh. The Commissioner Endowments Department, A.P, Vijayawada, Krishna District. The Deputy Commissioner, Endowments Department, Kurnool, Kurnool District, The Regional Joint Commissioner, Endowments Department Tirupathi, Chitoor District. The Assistant Commissioner, Endowments Department, Kadapa, YSR District 2. 3. 4. 5. ...APPELLANTS/RESPONDENT NOS. 1 TO 5 ^ AND 1. Mopuri Hemavathi, W/o Mopuri Seetharamireddy, Present Address 1604 Gardner Park DR Lawrenceville GA300043 USA, rep by Gajjala Madhu Sudhana Reddy S/o Gajjala Verna Reddy, aged 45 years R/o D No 7/555 Jaya Nagar Colony, Chinnachowk Kadapa City YSR District. ...RESPONDENT N0.1/WRIT PETITIONER 2. The Thasildar, Kadapa Mandal YSR District 3. The Sub Registrar, Kadapa Urban YSR District ...RESPONDENT^ lA NO: 2 OF 2022 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 suspend the order made in WP No.23856/2020, dated.23.09.2021 pending the writ appeal. — Counsel for the Appellant: GP FOR ENDOWMENTS Counsel for the Respondent No.1: SRI V R REDDY KOWURi^ Counsel for the Respondent Nos. 2 & 3: GP FOR REVENUE - The Court made the following: JUDGMENT APHC010216642022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) npfOpA^y THE fiprn- day of may TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT APPEAL NO: 457/2022 [3508] Vi Between: The State Of Andhra Pradesh, and Others AND ...APPELLANT(S) Mopuri Hemavathi and Others Counsel for the Appellant(S): 1.GP FOR ENDOWMENTS (AP) Counsel for the Respondent(S): 1.VR REDDY KOWURI The Court made the following order: (per Hon’ble Sri Justice R. Raghunandan Rao) ...RESPONDENT(S) Heard the learned Government Pleader for Endowments, appearing for the appellants and Sri V.R. Reddy Kovvuri, learned counsel appearing for the respondents. 2. The 1®* respondent (herein after referred to as ‘writ petitioner’) herein had purchased Ac.0.05 cents of land in Sy.No.687/2 in Ward No.32, Srinivasa Nagar, Chinna Chowk Village Fields, Kadapa 2 Mandal, Y.S.R Kadapa District, by way of a registered deed of sale, dated 16.04.1999, registered as document No. 1397/2020. The title to this land is traced from a registered deed of sale, dated 23.02.1984. The petitioner had mortgaged this property as security for a loan with State Bank of Hyderabad. As steps were being taken under the provisions of the SARFAESI Act for sale of this property, for recovery of the loan of the petitioner, she had sold the plot for clearing the liability of the bank. However, the Sub-Registrar, Kadapa (Urban) had refused to receive and register the said deed of sale on the ground that the subject land falls within a list, communicated by the Commissioner, Endowments Department, on 02.12.2016, stating that the land is endowment land, belonging to Sri Mutharasupalli Rama Swamy temple, and had been included in the list of endowment properties under Section 22-(1)(c) of the Indian Registration Act, 1908. Aggrieved by the said refusal of the Sub-Registrar to register the document and by the inclusion of the subject property in the list of endowment properties, the petitioner has approached this Court, by way of W.P.No.23856 of 2020 for setting aside the list of endowment property communicated by the Commissioner, Endowments to the Sub-Registrar and with a consequential direction to the Sub-Registrar to entertain the 3. deed of sale for registration of the land. 3 4. The case of the writ petitioner was that the said land is private land on which there have been various transactions, under registered deeds of sale since 1984. The writ petitioner contended that the land is not endowment property and the inclusion of the land as endowment property is without any basis and there are no records or documents to show that this land belongs to the said temple. 5. The Endowment Authorities contended that an extent of Ac.1.73 cents of land in Sy.No.687/2 belongs to Sri Mutharasupalli Rama Swamy temple and the said property was included in the list of endowment properties communicated to the registration authorities under Section 22-(1)(c) of the Indian Registration Act. It would further contend that the title of the temple can be ascertained from the resurvey records wherein the name of the temple had been included in the pattadar column. 6. The writ petitioner contended that such inclusion in the RSR document does not confer any title and relied upon the judgment of a learned Single Judge in W.P.No.31851 of 2012. The petitioner also relied upon another order of a learned Single Judge in W.P.No.29506 of 2013, which is said to have been passed following the earlier order in W.P.No.31851 of 2012. It would also submitted by the writ petitioner that the appeal filed against this judgment in WA(SR).No.15261 of 2014 was 4 dismissed by a Division Bench at the interlocutory stage itself and consequently these orders had become final. 7. The learned Single Judge held that the claim of the Endowment Department, over the land, is based on an entry in the pattadar column in the adangal and such an entry is not sufficient to make out a case of title, in view of the ratio laid down by this Court in W.P.No.31581 of 2012 and W.P.No.29506 of 2013. The learned Single Judge also observed that the contention of the endowment authorities that the property has been included in the register, maintained under Section 43 of the Endowments Act, cannot be accepted as a copy of the register was not filed before the Court. The learned Single Judge also took note of the fact that the property in W.P.No.31851 of 2012 and the property in the present Writ Appeal, before him, are one and the same. On the basis of these facts, the learned Single Judge, by an order dated 23.09.2021, had allowed the writ petition with a direction to the Sub-Registrar, Kadapa (Urban) to receive the deed of sale that may be presented by the 1®* respondent and to register the same subject to the compliance of the requirements of the Registration Act, 1908 and the Indian Stamp Act, 1899. The learned Single Judge had also observed that the direction, in the writ petition, would not declare the title of the 1®‘ respondent in respect of the property. 8. 5 9. Aggrieved by this order, the State and the Authorities the Endowment Department, who the writ petition, had filed the present Writ Appeal. under were arrayed as respondents 1 to 5 in 10. The learned Government Pleader, for Endowments reiterating the contentions raised before the learned Single Judge also produced the register maintained Endowments Act, 1987, relating to Sri Mutharasupalli while has under Section 43 of the Rama Swamy temple. An extent of Ac. 1.73 cents of land in Sy.No.687/2, is included apart from other lands in the register maintained under Section Endowments Act. This register 20.10.2020. 43 of the was prepared and finalized on 11. A learned Single Judge of the erstwhile High Court of Judicature at Hyderabad for the State of Telangana and the State Andhra Pradesh, by his order, dated 20.12.2012 of and 31.12.2012, in W.P.No.31851 of 2012, had not accepted the claim of the temple said land. However, the writ petitioner therein was directed to approach the A.P Endowment Tribunal for a decision on the right and title of the over the temple over the said land. It appears that no such application was filed by the writ petitioner in W.P.No.31851 of 2012. 6 In view of the aforesaid facts and in view of the fact that the 12. earlier orders passed by the learned Single Judge, had become final, this Court does not find any lacuna or difficulty in the order of the learned Single Judge which requires to be corrected by way of this appeal. 13. Accordingly, this Writ Appeal is dismissed. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. SDI- m. RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICE V To, 1. Two CCs to GP for Endowments, High Court of Andhra Pradesh. [OUJT] 2. One CC to Sri V R Reddy Kovvuri Advocate [OPUC] ^ 3. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]^ 4. Three CD Copies TF X. HIGH COURT DATED:05/05/2025 JUDGMENT WA.No.457 of 2022 f t <1 MAY 2025 i ^ . Current Section DISMISSING THE W.A., WITHOUT COSTS