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2005 Supreme(AP) 178

Andhra Pradesh High Court
Judges : P.S.NARAYANA
Vedantam Srinivasa Chary - Appellant
Versus
Assistant Commissioner, Endowments Dept, Government Of A.P., Nalgonda - Respondent
Decided On : 02-24-05

Headnote:

Andhra Pradesh (Telangana Area) Abolition of Inams act, 1955 - Claims for issuance of certificates - Petitioner praying to issue a writ of mandamus declaring action of respondents in treating lands bearing survey situate at District which are granted as an inam bearing File Fasli to petitioner s late father and later on succeeded by petitioner as temple lands of Temple Village District and putting them to public auction and also without cancellation of certificate issued in respect of above said lands through proceedings bearing and recognized as a Pattadar by issuing pattadar Passbooks Record of rights Act belongs to Temple as arbitrary illegal and auctioning same through impugned notice is illegal and against principles of natural justice and contrary to provisions of endowments – Held, Court is satisfied that Competent Authority-quasi judicial authority had not made issuance of certificates both in favour of petitioner and also in favour of temple in accordance with law and both these proceedings suffer from vice of nonobservance of principles of natural justice and also provisions of Act of and Rules of made and hence said certificates are liable to be quashed - Competent Authority-Subcollector is directed to issue notice to petitioner and also to temple and all other interested parties if any and receive claims and objections in relation thereto relating to properties referred to supra within a period of one month from date of receipt of a copy of this order and pass appropriate orders within a period of three months thereafter in accordance with law - Writ petitions are disposed of

P. S. NARAYANA, J.

( 1 ) THE principal controversy revolves around the Occupancy rights (Patta) certificate (for brevity certificate ) granted by the Competent authority viz. , 3rd respondent-Sub-Collector, bhongir, Nalgonda District in W. P. No. 16848 of 1999 under the Andhra Pradesh (Telangana Area) Abolition of Inams act, 1955 (for brevity the Act of 1955 ) to the petitioner viz. , Vedantam Srinivasa chary and Sri Chennakeshava Swamy temple (for brevity temple ), Aroor Village, in relation to the lands, the subject-matter of these writ petitions, which were granted to the respective parties without affording any opportunity to the other party. Though virtually these are rival claims for issuance of certificates under the Act of 1955, relating to the self same property, the quasi-judicial authority-cum-Sub-Collector, Bhongir, decided these matters and issued certificates in favour of both the petitioners in Proceedings no. F/2419/92, dated 22-4-1993 and also the temple in Proceedings No. P999/98, dated nil without hearing the other party.

( 2 ) WRIT Petition No. 12227 of 1997 was filed by the petitioner praying to issue a writ of mandamus declaring the action of the respondents in treating the lands bearing survey Nos. 79,459,460,461,466, 590,784, 785, 786, 804, 805, 806, 811, 812, 813 and 814 situate at Aroor Village, Veligonda mandal, Nalgonda District, which are granted as an inam under Muntakhab bearing File no. 10/25 of 1357 Fasli to the petitioner s late father and later on, succeeded by the petitioner, as temple lands of Sri Chenna keshava Swamy Temple, Aroor Village, veligonda Mandal, Nalgonda District and putting them to public auction on 18-6-1997 at 9-00 a. m. , and also without cancellation of the certificate issued in respect of the above said lands through proceedings dated 22-4-1993 bearing No. F/2419/92 and recognized as a Pattadar by issuing pattadar Passbooks under Record of rights Act, dated 16-1-1995 belongs to sri Chennakeshava Swamy Temple, as arbitrary, illegal and auctioning the same through impugned notice dated 28-5-1997 is illegal and against the principles of natural justice and contrary to the provisions of the endowments Act and for other consequential benefits.

( 3 ) LIKEWISE, Writ Petition No. 16848 of 1999 was filed by the petitioner, praying to issue a writ of mandamus declaring the action of the authorities in issuing the certificate under sub-rule (3) of Rule 6 of andhra Pradesh (Telangana Area) Abolition of Inams Rules, 1975 (for brevity rules, 1975 ) through proceedings dated nil 1997 bearing No. P/999/98 in respect of the lands bearing Survey Nos. 459,460,461, 590, 784,785, 786, 804, 805, 806, 811,812, 813, 814 and 416 to an extent of 58 acres, 35 guntas situate at Aroor Village, Veligonda mandal, Nalgonda District, for which already the certificate had been issued to the petitioner through proceedings dated 224-1993 bearing No. F/2419/92, without cancelling the certificate already granted and without conducting any inquiry under section 10 of the Act of 1955 and without giving any prior notice to the petitioner before issuing of the certificate in favour of the temple, Aroor Village, Veligonda mandal, Nalgonda District, as arbitrary, illegal and to declare the action of the authorities in applying the conditions as stipulated under the amended Act 19 of 1994 of the Act of 1955, for which the certificate has been issued to the petitioner under section 4 of the Act of 1955, for which such conditions are not applicable to the certificate issued to the claimants, who have applied under Section 4 of the Act of 1955 is arbitrary and illegal and also to declare that the amended conditions do not apply to the petitioner claiming the certificate and further to declare that the certificate issued to the temple, Aroor Village, veligonda Mandal, Nalgonda District through proceedings No. P/999/98 dated Nil 1997 may be cancelled while granting all consequential benefits.

( 4 ) THE petitioner, in



































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