Judgment reserved on 22.07.2025 Judgment pronounced on 29.01.2026 Judgment uploaded on 31.01.2026 APHC010267542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] THURSDAY,THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 17325 OF 2025 Between: 1. SRI PALANATI VEERULA DEVASTHANAM,, REP BY ITS EXECUTIVE OFFICER, NAMANI GOPI, S/O. SESHAIAH, AGED ABOUT 34 YEARS, THULLURU VILLAGE AND MANDAL, GUNTUR DISTRICT-522237 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, , REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DIS 2. THE COMMISSIONER, CAPITAL REGION DEVELOPMENT AUTHORITY, LENIN CENTRE, GOVERNOR PETA, VIJAYAWADA., NTR DISTRICT- 520003. 3. THE DEPUTY COLLECTOR AND COMPETENT AUTHORITY, DEPUTY COMMISSIONER, CAPITAL REGION DEVELOPMENT AUTHORITY., UNIT 20 AND 21. THULLURU VILLAGE AND MANDAL, GUNTUR DISTRICT. 4. THE TAHSILDAR, CAPITAL REGION DEVELOPMENT AUTHORITY THULLURU VILLAGE AND MANDAL, GUNTUR DISTRICT. 2 5. THE DEPUTY TAHSILDAR, CAPITAL REGION DEVELOPMENT AUTHORITY, THULLURU VILLAGE AND MANDAL, GUNTUR DISTRICT. 6. INDURTHI NARASIMHARAO, S/O. J. PERAIAH, AGED 70 YEARS, OCCUPATION- ARCHAKA, R/O. THULLURU VILLAGE AND MANDAL, GUNTUR DISTRICT.-522237. 7. INDURTHI PEDA NARASIMHARAO, SO. NANAIAH, AGED 70 YEARS, OCCUPATION- ARCHAKA, R/O. 8-54, THULLURU VILLAGE AND MANDAL, GUNTUR DISTRICT- 522237. 8. THE SUB REGISTRAR, MANGALAGIRI, GUNTUR DISTRICT. 9. THE DISTRICT REGISTRAR, GUNTUR, GUNTUR DISTRICT 10. THE SUB REGISTRAR, THULLURU, GUNTUR DISTRICT. RR 8 TO 10 ARE IMPLEADED AS PER THE COURT'S ORDER DT.21.07.2025 IN I.A.NO. 02 OF 2025. ...RESPONDENT(S): 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 tomay be pleased to I. Issue a Writ of Mandamus or any other appropriate Writ, Order or Direction declaring the action of the Respondents 1 to 5, particularly the 2nd to 4th respondents, in unilaterally altering the title and registering the temple lands admeasuring Ac.6.44 cents in Survey No.161 of Thulluru Village and Mandal, Guntur District, in favour of the 6th and 7th respondents (private Individuals/archakas), without notice, enquiry, or due process, as illegal, arbitrary, unconstitutional , and violative of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (Act 30 of 1987), particularly Sections 28, 29, 34, 38, 80, and 82, and also violative of Articles 14 and 300A of the Constitution of India 2. Declare the registrations bearing Document Nos. Declare the registrations bearing Document Nos. 6602/2025, 6581/2025, 6601/2025, 6600/2025, 6593/2025, 6594/2025, 6597/2025, 6592/2025, 6603/2025, 6589/2025, 6590/2025, 6586/2025, 6595/2025, 6584/2025, 6587/2025, 6582/2025, 6598/2025, 6583/2025, 6588/2025, 6596/2025, and 6599/2025 executed in favour of the 6th and 7th respondents as null, void, inoperative and without legal authority 3. Direct the respondents to forthwith cancel the aforementioned registrations in the name of the private individuals (respondents 6 and 7), and restore the entries in favour of the petitioner temple in all revenue and registration records, including RSR, Pattadar Passbooks, 3 and Property Register under the control of the Endowments Department 4Direct the respondents to refrain from making any further alienation, transfer, or allotment of the subject lands belonging to the petitioner temple under the guise of the Land Pooling Scheme or any other scheme 5. Issue appropriate directions to the CRDA to consider the petitioners representation dated 12.03.2025 for allotment of plots and lease benefits in accordance with law, treating the petitioner temple as the rightful owner of the subject lands 6. Pass IA NO: 1 OF 2025 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 may be pleased to Suspend the operation of ail registrations, pattadar passbooks, title deeds, or any other revenue or registration records in respect of an extent of Ac.6.44 cents in Sy. No. 161 in thullur village and mandal , guntur district, that have been affected in favour of private individuals or archakas, and Restrain the Respondents, their agents or assignees from alienating, transferring, encumbering, or interfering with the possession and title of the petitioner temple over the subject lands, either directly or indirectly,and pass IA NO: 2 OF 2025 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 pleased to implead the proposed respondent no. 8, 9 and 10 i.e.. The Sub Register, District Register and The Sub Register as Respondent no 8,9 and 10 in the above writ petition and pass Counsel for the Petitioner: 1. KAPPERA KOTESWARA RAO SC for Endowments,AP Region. Counsel for the Respondent(S): 1. GP FOR REVENUE FOR RESPONDENT NOS.1, 4 & 5. 2. JAVVAJI SARATH CHANDRA FOR RESPONDENT NOS.6 & 7. 3. S PRANATHI FOR RESPONDENT NOS. 2,3, 7, 8 & 9. The Court made the following ORDER: 4 Heard Sri Kappera Koteswara Rao, Ld. Counsel for the Writ Petitioner, Ms. S. Pranathi, Ld. Standing Counsel for APCRDA and Sri Javvaji Sarath Chandra, Ld. Counsel for the Respondent Nos. 6 and 7. 2. The present Writ Petition is filed seeking the following relief: “In the light of the above facts and circumstances, it is most respectfully prayed that this Hon’ble Court may be pleased to: 1. Issue a Writ of Mandamus or any other appropriate Writ, Order or Direction declaring the action of the Respondents 1 to 5, particularly the 2nd to 4th respondents, in unilaterally altering the title and registering the temple lands admeasuring Ac.6.44 cents in Survey No.161 of Thulluru Village and Mandal, Guntur District, in favour of the 6th and 7th respondents (private Individuals/archakas), without notice, or endorsement prior to the subject registrations, and the due process, as illegal, arbitrary, unconstitutional, and violative of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (Act 30 of 1987), particularly Sections 17, 29, 34, 38, 80, and 82, and also violative of Articles 14 and 300A of the Constitution of India; 2. Declare the registrations bearing Document Nos. 6602/2025, 6581/2025, 6601/2025, 6600/2025, 6593/2025, 6594/2025, 6597/2025, 6592/2025, 6603/2025, 6589/2025, 6590/2025, 6586/2025, 6595/2025, 6584/2025, 6587/2025, 6582/2025, 6598/2025, 6583/2025, 6588/2025, 6596/2025, and 6599/2025 executed in favour of the 6th and 7th respondents as null, void, inoperative and without legal authority; 3. Direct the respondents to forthwith cancel the aforementioned registrations in the name of the private individuals (respondents 6 and 7), and restore the entries in favour of the petitioner temple in all revenue and registration records, including RSR, Pattadar Passbooks, and Property Register under the control of the Endowments Department; 5 4. Direct the respondents to refrain from making any further alienation, transfer, or allotment of the subject lands belonging to the petitioner temple under the guise of the Land Pooling Scheme or any other scheme; 5. Issue appropriate directions to the CRDA to consider the petitioners representation dated 12.03.2025 for allotment of plots and lease benefits in accordance with law, treating the petitioner temple as the rightful owner of the subject lands; 6. Pass such other and further orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice.” 3. The facts as projected by the Writ Petitioner herein are that Sri Palnati Veerulu Devasthanam (herein after referred to as Devastanam) was founded and an extent of Ac.6.44 cents in Survey No.161, Tulluru Village and Mandal, Guntur District was gifted by the doners for the purpose of performing pooja to the Deity and maintenance of Devastanam; that this fact was recorded in RSR in Column No.14, Patta No.66 and the same was registered under Board Order No.1990 dated 18.04.1950 (Ex.P.4) under Section 38 of the Hindu Religious Act, 1927 (Madras Act 2 of 1927); that on 12.07.1960, the then Manager of Devastanam namely Sri Indurthi Abaddalu had acknowledged and recorded that the Archakas were cultivating Inam land and were rendering hereditary Archakatvam (priestly duties) in the Devastanam; that it was also noted in the remarks column of the relevant Register that the lands were in the custody of Archakas, however, it was specifically recorded that “No working Inams provided according to Temple Register”; that on or about 12.07.1960, Form-VIII Pattas were obtained from Inam Tahsildar by Indurthi Abaddalu; that thereafter, one Sri Madala Narasimha Rao who was managing the affairs of the Devastanam had applied for registration of the subject temple on 29.03.1977 to the Asst. Commissioner through R.Dis.No. A1/3361/77 to the Asst. Commissioner through R.Dis.No.A1/3361/77 and the Asst. Commissioner vide the said Proceeding has certified that the particulars enclosed to the certificate are genuine and the details with regard to the Devastanam are also correct; and 6 that in the Proceedings dated 29.03.1977, the Asst. Commissioner has made a reference to the Letter of the Inspector, Endowment Department dated 18.03.1977. 4. It is further submitted by the Ld. Counsel for the Writ Petitioner that vide Proceeding dated 12.11.1987, the Devastanam was duly registered under the provisions of Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (Act No.30 of 1987) vide Publication Serial No.1375 bearing Rc.No.J3/42157/87; that while the things stood thus, the Archakas have continued to perform agricultural activity; that after the bifurcation of the erstwhile state of Andhra Pradesh, the Government of Andhra Pradesh has notified ‘Amaravati’ to be the capital of Andhra Pradesh and has enacted the Andhra Pradesh Capital Region Development Authority Act, 2014 (Act No.11 of 2014); that under the Act, the Capital Region Development Authority (CRDA) was established to oversee the implementation of the Land Pooling Schemes; that the Government of Andhra Pradesh had issued G.O.Ms. No.330 Municipal Administration & Urban Development (CRDA.2) Department, dated 11.10.2018 (Ex.P.12) sanctioning Land Pooling Scheme Package as a gracious relief to Ryotwari Patta holders in the capital area and also for payment of compensation to the Religious Institutions as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act No. 30 of 2013), thereby empowering the Commissioner of CRDA to oversee the administration of the Land Pooling scheme package; that on 20.11.2018, the Executive Officer of the Writ Petitioner has submitted Form 9.3, thereby giving consent for registering the plots in their favour; that the Executive Officer of the Writ Petitioner has submitted a Letter dated –Nil-/2018 on 20.11.2018 to the Special Deputy Collector and the Competent Authority, CRDA No.20, Tullur-1, Guntur District requesting to allot plots and paying the annuity which is pending since last four years for the subject land as the said land belongs to the Devastanam and that the Archakas have right of ownership over the subject lands (Ex.P.4 at page 728 of Paperbook). 7 5. It is further submitted by the Writ Petitioner that the Asst. Commissioner, Endowment Department, Guntur wrote a Letter bearing No. A5/8912/17, dated 07.12.2018 to the Special Deputy Collector and Competent Authority, CRDA on the same lines as that of the Executive Officer for taking necessary action; that while the Archakas have also claimed the allotment of plot under the LPS, the Executive Officer of the Writ Petitioner Devastanam has submitted a detailed Report before the CRDA Authorities along with material proof establishing that the subject land rightfully belongs to the Devastanam; that the Special Deputy Collector and the Competent Authority, Ananthavaram Village, Unit No.26, APCRDA has issued Proceedings dated 28.01.2025 (Ex.P.12) stating that the Form-9.14 has to be issued in favour of Sri Indurthi Narasimha Rao for an extent of Ac.6.44 cents in Survey No.161 of Thullur Village and compensation for an extent of Ac.6.44 cents in Survey No.161 has worked out to be Rs.1,63,57,600/- , which has to be paid to the Endowment Department as per the G.O.Ms. No.330 Municipal Administration & Urban Development (CRDA.2) Department, dated 11.10.2018 (Ex.P.12); that in response to the Proceedings of the Special Deputy Collector, dated 28.01.2025 (Ex.P12), the Executive Officer of the Writ Petitioner Devastanam has submitted a Representation on 12.03.2025 (Ex.P.9) thereby requesting for registration of the lands/plots in the name of Devastanam and inclusion in the Land Pooling Scheme and also to pay the lease benefits to the Writ Petitioner herein; it is submitted by the Writ Petitioner that in utter disregard to the demand of the Writ Petitioner herein, the CRDA has registered the lands/plots in the name of Archakas and justified the registration by relying on G.O.Ms. No.330 Municipal Administration & Urban Development (CRDA.2) Department, dated 11.10.2018 (Ex.P.12) vide Proceedings dated 15.03.2025. CONTENTIONS OF THE LD. COUNSEL FOR THE RESPONDENTS: 8 6. Vide Order of this Court dated 21.07.2025, the Respondent Nos. 8 to 10 namely the Registrar of Guntur District and Sub-Registrars of Mangalagiri and Tullur were impleaded as Respondent Nos. 8 to 10 and they are also represented by Ms. S. Pranathi, Ld. Standing Counsel for the APCRDA (R-2). The Unofficial Respondent Nos.6 & 7 have entered appearance on 21.07.2025 and have contested the matter. 7. Ms. S. Pranathi, Ld. Standing Counsel for the Respondent Nos. 2 and 3 has drawn the attention of this Court to the contents of the G.O.Ms. No.330 Municipal Administration & Urban Development (CRDA.2) Department, dated 11.10.2018 (Ex.P.12) and the Proceedings of the Special Deputy Collector and the Competent Authority, Ananthavaram Village, Unit No.26, APCRDA dated 28.01.2025 (Ex.P.13). She has also submitted across the table the ‘Consent Forms’ submitted by the Archakas (No objection Affidavit and Consent Form) to Respondent No.3. It is the submission of the Ld. Counsel for the Respondent Nos. 2 and 3 that the Government of Andhra Pradesh has made it clear through the G.O.Ms. No.330 Municipal Administration & Urban Development (CRDA.2) Department, dated 11.10.2018 (Ex.P.12); that the possessory rights of the Archakas shall be protected because they have been in uninterrupted possession for more than 40 years and they have secured Pattadar Passbooks also; that thereafter due to the change of Political Executive, no further development took place till June, 2024; and that the land pooling scheme was again considered and after taking into consideration various aspects as spelt out in the proceedings of the Special Deputy Collector and Competent Authority dated 28.01.2025 (Ex.P.13), the Official Respondents have issued the Proceedings for allotment of plots in favour of the Unofficial Respondents herein. 8. Ld. Counsel for the Respondent Nos.2 and 3 has drawn the attention of this Court particularly to Para Nos. 4, 5 and 7 of the G.O.Ms.No.330 Municipal Administration & Urban Development (CRDA.2) Department, dated 11.10.2018 (Ex.P.12). The said Paragraphs are usefully extracted hereunder: 9 “4. In this regard, the Commissioner, APCRDA has informed that during the verification of ownership of the disputed lands, the ryoths and their successors interest produced Form-VIII ryotwari pattas issued under Section 7 of Inams Abolition Act, 1956 and registered documents, PPB’s and TTDs issued under ROR Act in support of their claim. The Endowment Department is claiming on the ground that these lands are classified as ’Charitable’ as per RSR and vests with Charitable Institutions under Section 76 of the AP Charitable and Hindu Religious Institutions & Endowments Act, 1987 and the Government amended AP (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act 1956 (Act No. 16 of 2013) to the effect that where any person other than concerned Charitable or religious institutions or Endowment obtained a patta for such lnam land after commencement of the AP (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956, such patta shall be deemed and always to have been and void and no effect shall be given to such patta granted. As the ryoths are having possession over the disputed lands for more than 40 years and having pattadar passbooks and title deeds in their favour and as the Endowment Department has not taken any steps to recover the possession, it is now becoming difficult for the Competent Authorities to take the lands and it is leading to prolonged litigation. As the lands are located in different villages and in different survey numbers, difficulty is being faced in laying LPS layouts, providing infrastructure and roads. Hence there is urgent need to solve the issue for maintaining timelines of construction of Capital City. 5. The Commissioner, APCRDA has further informed that in order to settle the issue a proposal has been made before the APCRDA. The Authority has passed a resolution No. 72/2016 in the 6th Authority Meeting held on 20.09.2016 "to pay compensation to Endowment Department as per LA R&R Act, 2013” taking the basic value multiplied by 1.25 factor and by adding 100% solatium and to recommend to the Government to allot returnable plots and other benefits under Land Pooling Scheme to the ryotwari patta holders as gracious relief. 6. xxx 7. After careful examination of the proposal of the Commissioner of APCRDA, Government hereby order for sanctioning of LPS package as a gracious relief to the Ryotwari Patta holders in the Capital area and permit the 10 Acquisition Authority to pay compensation to the Religious Institutions as per LA R&R Act, 2013.” 9. Ld. Counsel for the Respondents has also drawn the attention of this Court to the Proceedings of the Special Deputy Collector dated 28.01.2025 (Ex.P13) wherein the Respondent Authorities had not denied the ownership of Ac.6.44 cents in favour of the Devastanam since the year 1950 and thereafter the Devastanam had been registered under the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (Act 30 of 1987) vide Proceedings dated 12.11.1987. The Proceedings of the Special Deputy Collector dated 28.01.2025 would also indicate that the said land is classified as ‘Inam Dry’ in the name of “the manager for the time being of Palnati Virudu Temple” in the Pattadar’s column and that the total extent was given under Land Pooling Scheme basing on the documentary evidences produced by the land holders and also the Ryotwari Patta in Form-VIII and the enjoyment submitted by the Surveyors of APCRDA. It is also noted that the said extent of Ac.6.44 cents has been notified in the Prohibited Properties List under Section 22-A of the Registration Act, 1908 and that the above extent was shown as belonging to the Endowment Department in the land owners column. 10. It is also stated that the priests of Devastanam have obtained Form-VIII pattas and have also obtained Pattadar Pass Books. It is also submitted that the priests have attended the meeting held by the Special Deputy Collector, APCRDA (Respondent No.3) on 26.12.2024 and they have submitted the relevant documents including the originals of Pattadar Pass Books of Indurthi Nanaiah, Indurthi Perantaalu, Chadarajupalli Ananthaiah (wrongly typed as Ananthamma at one place), Chadarajupalli Kotayya and colour zerox Copy of Form-VIII (Ryotwari Patta) vide T.D.No.66. It is also stated in the Proceeding dated 28.01.2025 (Ex.P.13) that the Tahsildar has verified the records and issued an Endorsement on 28.12.2024 notifying that the land of an extent of Ac.6.44 cents is under possession of the farmers as per the adangals and that the enjoyment record also reveals that the rival claimant Sri Indurthi Narasimha Rao and others are enjoyers for the said land and cultivating the land for more 11 than 40 years and that they are eligible for sanction of plots in the Land Pooling Scheme Package in terms of G.O.Ms.No.330 Municipal Administration & Urban Development (CRDA.2) Department, dated 11.10.2018 (Ex.P.12). 11. Before issuing the impugned Proceeding dated 28.01.2025, the Special Deputy Collector and Competent Authority has also considered the vesting of the property in Devastanam under Section 38 of the Hindu Religious Endowments Act, 1926 (Madras Act 2 of 1927). ANALYSIS: 12. The above facts would indicate that neither the Unofficial Respondents nor the Official Respondents herein have objected to the factum of the Devastanam being the original owner of the land. When this Court has sifted through various Proceedings, it has been noticed that the Devastanam never had any administrative control as regards the ownership or possession of the extent of Ac.6.44 cents in Survey No.161 of Thullur Village at least for the last 40 years. The recorded evidence would indicate that the Archakas have acquired Ryotwari Pattas in Form-VIII and the same stood record in the Revenue Records, Adangals and also Inam Registers and these facts are not denied by the Writ Petitioner. Though, the Writ Petitioner herein is the owner of Ac.6.44 cents on the strength of the Board Order No.1990 dated 18.04.1950 (Ex.P4), the Petitioner had not objected to the Archakas acquiring the Form- VIII (Ryotwari Pattas). 13. The undeniable fact is that the names of the Archakas have been recorded as farmers in the Revenue Records. This apart, G.O.Ms.No.330 Municipal Administration & Urban Development (CRDA.2) Department, (Ex.P.12) was issued way back on 11.10.2018, thereby, making it amply clear to all the interested parties including the Writ Petitioner herein and the Unofficial Respondents herein that the Government has ordered for sanctioning of Land Pooling Scheme package as a gracious relief to the Ryotwari Patta holders in the capital area and permitted the Acquisition 12 Authority to pay compensation to the religious institution namely the Writ Petitioner herein of an amount of Rs.1,63,57,600/- as cost of the land. Despite this, G.O.Ms.No.330 Municipal Administration & Urban Development (CRDA.2) Department, dated 11.10.2018 (Ex.P.12) has been in subsistence since October-2018, whereas, the Writ Petitioner herein has not raised his little finger for challenging the correctness of the said G.O so far. 14. The Writ Petitioner has allowed even the rights which have emanated out of the said G.O to be fructified in favour of the Unofficial Respondents since the year-2018. The present Proceeding which is now being assailed by the Writ Petitioner dated 28.01.2025 bearing Rc.No.9/2024/Endowment (Ex.P.13) is only a consequential Proceeding to G.O.Ms.No.330 Municipal Administration & Urban Development (CRDA.2) Department, dated 11.10.2018 (Ex.P.12). This apart, the Land Pooling Scheme has offered benefits to the owner as well as to the Archakas and or the occupiers of the land. The G.O.Ms.No.330 Municipal Administration & Urban Development (CRDA.2) Department, dated 11.10.2018 (Ex.P.12) has considered the valuable rights of the occupiers of the subject land who have been at least in occupation for more than 40 years and the documentary evidence would amply prove that they have obtained Form-VIII (Ryotwari Patta) and Pattadar Passbooks about several decades ago. Having considered these aspects, this Court is of the considered opinion that the present Writ Petition is devoid of any merit and liable to be dismissed. 15. Accordingly, this Writ Petition is dismissed. No order as to costs. 16. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Date: 29.01.2026 MNR/JKS 13 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD 14 WRIT PETITION NO: 17325 OF 2025 Dt: 29.01.2026 MNR/JKS