1 HCJ & RRR,J W.A.Nos.1188&1191 of 2025 APHC010551812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3446] THURSDAY,THE THIRTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE THE CHIEF JUSTICE DHIRAJ SINGH THAKUR THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT APPEAL Nos: 1188/2025 & 1191 of 2025 W.A.No.1188 of 2025 Between: Sri Lakshmi Chennakesava Swamyvari Devasthanam ...APPELLANT AND Pinneboyina Satyanarayana and Others ...RESPONDENT(S) Counsel for the Appellant: 1. DEVI SUBHASHINI ANNE SC For Endowments Counsel for the Respondent(S): 1. K CHINNA VENKAT REDDY 2. GP FOR ENDOWMENTS WRIT APPEAL NO: 1191/2025 Between: Sri Lakshmi Chennakesava Swamyvari Devasthanam ...APPELLANT AND Velpula Venkata Reddy and Others ...RESPONDENT(S) 2 HCJ & RRR,J W.A.Nos.1188&1191 of 2025 Counsel for the Appellant: 1. DEVI SUBHASHINI ANNE SC For Endowments Counsel for the Respondent(S): 1. K CHINNA VENKAT REDDY 2. GP FOR ENDOWMENTS 3 HCJ & RRR,J W.A.Nos.1188&1191 of 2025 The Court made the following Common Judgment: (per Hon’ble Sri Justice R. Raghunandan Rao) Heard Sri V. Venugopal Rao, the learned Senior Counsel represented on behalf of Sri Devi Subhasini Anne, learned counsel for the appellant and the learned Government Pleader for Endowments, appearing for the respondents. 2. As these two appeals arise out of a common order, dated 21.08.2025, in W.P.No.15005 of 2025 and W.P.No.15006 of 2025, they are being disposed of by way of this common order. 3. The Executive Officer, of the appellant herein, had issued two separate orders, dated 09.06.2025, informing the petitioner in W.P.No.15005 of 2025 that he was in unauthorized occupation of Ac.0.90 cents of land in Survey No.635 of Markapuram village, as an encroacher, and to remove such encroachment, within 15 days of the receipt of the order, failing which due process of law, as contemplated under Section 83(3) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowment Act, 1987 (hereinafter referred to as „the Act 30 of 1987‟), for removal of the encroachment and possession would be taken. Similarly, the petitioner in W.P.No.15006 of 2025 was issued a notice dated 09.06.2025 informing him that he was in unauthorized occupation of Ac.0.62 cents of land in Survey No.635 of Markapuram village, as an encroacher,, and to remove such encroachment, within 15 days of the receipt of the order, failing which due 4 HCJ & RRR,J W.A.Nos.1188&1191 of 2025 process of law, as contemplated under Section 83(3) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowment Act, 1987 (hereinafter referred to as „the Act 30 of 1987‟), for removal of the encroachment and possession would be taken. These proceedings were initiated and passed on the ground that, the land which was the subject matter of the above proceedings, was part of an extent of Ac.3.80 cents of land, in Sy.No.635 of Markapuram Town, which is Inam land meant for “Thulasi Pushpamula Noukari Services”, of the appellant temple, and that this property was registered under Section 38 of the Endowments Act 17 of 1966 and also under Section 43 of the Endowments Act 30 of 1987. 4. The petitioners challenged these proceedings, by way of W.P.No.1005 and 1006 of 2025, before this Court. A learned Sigle Judge of this Court, by an order dated 21.08.2025, allowed these Writ Petitions by setting aside the proceedings of 09.06.2025. Aggrieved by the said order, the appellant is before this Court, by way of the present Writ Appeals. 5. The case of the petitioners, in the Writ Petitions, was that Inam lands, claimed by temples, religious institutions and other institutions, under the provisions of Act 30 of 1987, would be governed by Section 75 to 77 of the said Act and the authority, who could take action under these provisions was the Revenue Divisional Officer. It is stated that the authorities under the Endowment Act, 1987 are barred from taking any action under these provisions. Apart from this, no action can be initiated under Section 83 of the 5 HCJ & RRR,J W.A.Nos.1188&1191 of 2025 Endowments Act of 1987, as it is the provisions of Section 75 to 77 which would be applicable in the present case. 6. The learned Single Judge accepted the stand of the petitioners, in the Writ Petitions, that it is only the provisions of Section 75 to 77 that would be applicable and consequently the proceedings, dated 09.06.2025, passed under Section 83(2) of the Endowments Act, 1987 was without jurisdiction. 7. Before going into the applicability of these provisions, it is necessary to notice the stand of the petitioners, in both the Writ petitions. The petitioners, in both the Writ Petitions contend that the land in question is private patta land and that the land is not Inam land. The petitioners also contend that their title is traced, independent of the title of the appellant temple, and that the property cannot be treated as property of the temple at all and can only be treated as private patta land. Section 75 and 77 of the Act (30 of 1987) reads as follows: 75. Lease, sale of inams to be void in certain cases- (1) Any lease 1[XXXX] and any gift, sale exchange or mortgage of an inam land granted for the support or maintenance of charitable or religious institution or endowment or for the performance of a religious or public charity or service, shall be null and void unless any such transaction not being a gift, is effected with the prior sanction of the Government. (2) Such prior sanction may be accorded by the Government where they consider that the transaction is- (i) necessary or beneficial to the institution or endowment; (ii) in regard to the land which is an uneconomical holding for the institution or endowment to own and maintain; and 6 HCJ & RRR,J W.A.Nos.1188&1191 of 2025 (iii) the consideration thereof is adequate and proper. (3)The provisions in clause (c) of sub-section (1) of section 80 shall apply for the sale of any inam land. 77. Resumption of Inam Lands- (1) The Revenue Divisional Officer may, either suo motu or on the application of the trustee of a charitable or religious institution or endowment or of the Commissioner or of any person having interest in the institution or endowment authorised by the Commissioner, by order, resume the whole or any portion of any such inam land referred to in section 75 on all or any of the following grounds namely: (i) that the holder of the inam has effected a transaction which is null and void under section 75; (ii) that the charitable or religious institution or endowment has ceased to exist or the charity or service has become impossible of performance; (iii) that the holder of such inam land has failed to perform or make the necessary arrangements for performing, in accordance with the custom or usage of the institution or endowment, the charity or service for the performance of which the inam land was granted. (2) (a) Before passing an order under sub-section (1), the Revenue Divisional Officer shall give notice to the trustee, to the Commissioner, to the holder of the inam land, to the person in possession of the inam land where he is not the holder thereof and to the alienee, if any, of the inam land and also publish a copy of the notice in such manner as may be prescribed, which publication shall be deemed to be sufficient notice to every other person likely to be affected by such order; and consider the objections, if any, after holding such inquiry as may be prescribed; (b) Where only a portion of the inam land is affected, notice shall be given under clause (a) to the holder of such portion as well as to the holder or holders of the other portion orportions to the person in possession of every such portion, where he is not the holder thereof, and to the alienee, if any, of every such portion and the objections of all such persons shall be considered by the Revenue Divisional Officer. (3) A copy of every order passed under sub-section (1), shall be communicated to each of the persons mentioned in sub-section (2) and shall also be published in the manner prescribed. (4) (a) Where any inam land or portion thereof is resumed under this section, the Revenue Divisional Officer shall, by order, grant a ryotwari patta in respect of the inam land or portion thereof to the 7 HCJ & RRR,J W.A.Nos.1188&1191 of 2025 charitable or religious institution concerned; and where the resumption is made on the ground specified in item (ii) of sub- section (1) to any such charitable or religious institution as the Commissioner may recommend. (b) The order granting the ryotwari patta under clause (a) shall, on application made to the Revenue Divisional Officer within the time prescribed, be executed by him in accordance with such rules as may be made in this behalf. (5) Pending the resumption of an inam land or portion thereof under this section on the ground specified in item (iii) of sub- section (1), the Revenue Divisional Officer may direct the person in possession of the inam land or portion thereof, to pay to the trustee, the expenses incurred or likely to be incurred for the performance of the charity or service to the institution or endowment. In default of such payment, the Revenue Divisional Officer may pass an order or make such arrangement as he considers necessary for the performance of the charity or service; and the expenses incurred therefor shall be recovered from the person in possession of the inam land or portion thereof, as if they were arrears of land revenue. 8. Section 75 prohibits transfer of Inam lands, without prior sanction of the Government. Section 77 empowers the Revenue Divisional Officer to resume the whole, or portion, of any Inam land given to a charitable or religious institution or Endowment, if any of the three conditions set out in Section 77(1) arise. Section 77(1)(i) and Section 77(1)(iii) arise where the holder transfers Inam land in violation of Section 75 or where such holder fails to perform or fails to arrange for performance of such tasks, as are assigned to such holder. Section 77(1)(ii) states that the land can be resumed by the Revenue Divisional Officer if the institution itself has ceased to exist or the charity or service for which the Inam land had been granted becomes impossible of performance. 8 HCJ & RRR,J W.A.Nos.1188&1191 of 2025 9. All the three conditions essentially relate to the conduct of the holder of the Inam or the person performing service to the temple. In the present case, neither of the petitioners claim to be holders of the Inam land granted to the temple or that they are persons who are called upon to perform any charity or service, attached to the said Inam lands. In view of the specific contention of the petitioners, in the Writ Petitions, that they had purchased the land, from persons who had title, which was independent of the temple, the provisions of Section 75 and Section 77 would not apply. 10. Another factor that can be taken into account is that the petitioner in W.P.No.15006 of 2025 had already approached the A.P Endowment Tribunal, Amaravathi, by way of O.A.No.24 of 2025, seeking a declaration that he is the owner of the land and that the appellant temple does not have any right or title clam over the land. 11. The authorities under the Endowments Act, are authorized to take steps to protect the properties of temples, religious institutions and charitable institutions, by way of Section 83 of the Endowments Act. This provision stipulates that any person, who falls within the terms “Encroacher” can be evicted, by the mechanism, set out in the Act itself, read with appropriate rules. The Executive Officer of the appellant is entitled, under the provisions of Section 83, to pass the orders dated 09.06.2025. In such circumstances, the orders dated 09.06.2025, cannot be treated to be without jurisdiction. The power to decide disputes relating to the title to the land and the question of 9 HCJ & RRR,J W.A.Nos.1188&1191 of 2025 whether the said land is to be treated as endowment land or as private patta land, is conferred on the Endowment Tribunal, under Section 87 of the Endowments Act. 12. For these reasons, the action taken by the Executive Officer of the appellant, is within his jurisdiction and the questions of fact raised in the Writ Petitions would have to be dealt with by the Endowment Tribunal. 13. Accordingly, both the Writ Appeals are allowed setting aside the order of the learned Single Judge in W.P.No.15005 of 2025, dated 21.11.2025, and the order in W.P.No.15006 of 2025, dated 21.08.2025. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ________________________ _______________________ DHIRAJ SINGH THAKUR, CJ R. RAGHUNANDAN RAO, J RJS HON’BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE & HON’BLE MR. JUSTICE R. RAGHUNANDAN RAO 10 HCJ & RRR,J W.A.Nos.1188&1191 of 2025 WRIT APPEAL NOs: 1188/2025 & 1191 of 2025 (per Hon‟ble Sri Justice R. Raghunandan Rao) Dated: 13.11.2025 RJS 11 HCJ & RRR,J W.A.Nos.1188&1191 of 2025 12 HCJ & RRR,J W.A.Nos.1188&1191 of 2025 13 HCJ & RRR,J W.A.Nos.1188&1191 of 2025