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Andhra Pradesh High Court
Judges : A.LAKSHMANA RAO, P.L.N.SHARMA, P.VENKATRAMA REDDY
Employees Association, President K.Venkateswara rao, Ponnur - Appellant
Versus
Chenna Keshava Swamy Temple, Nidubrolu, rep.by its Manager, M.Kapotheswara Rao - Respondent
Decided On : 03-16-93
Whether the Civil Court has jurisdiction to entertain the suit in view of the provisions of Section 105 of the A. P. Charitable and Hindu Religious Institutions and Endowments Act, 1966 (the Act). Whether the sale is void or a mere irregularity which can be cured by providing some compensation as suggested by the learned Single Judge, who referred the case to the Division Bench.
Fact of the Case:
The appellant is an Association of employees registered under the Societies registration Act bearing Registration No. 9 of 1979. It submitted an application to the Assistant Commissioner, Endowments, Guntur, in November 1979 offering to purchase Ac. 5-60 cents of land in Survey No. 9, Nidubrole, Guntur district at Rs. 20,000/- per acre. This land belongs to and vests in Sri Chenna kesavaswamy Temple, Nidubrole (Respondent No. l ). At that time, the land was in possession of the Archakas and they had expressed their willingness for the sale of the land. The respondent No. 9 who was the Manager (Executive officer) of the temple at that time also proposed for the sale of the land. The assistant Commissioner recommended to the Commissioner of Endowments (respondent No. 10) for the sale of the land. The Commissioner sent back the recommendation to the Assistant Commissioner stating that he had already agreed for acquisition of the very same land by the Social Welfare Department for providing house sites to the members of the weaker sections. On enquiry by the Assistant Commissioner the Director of Social Welfare informed him that the acquisition proceedings were dropped. The Assistant Commissioner in turn intimated the same to the Commissioner. He issued a notification under section 74 (l) (b) of the Act calling for objections and suggestions for the sale of the land. It was published in the Andhra Pradesh Gazette dated November 22, 1979. Thereafter, the Commissioner had requested the State Government (respondent No. 11) through the letter dated December 17,1979 for according permission under the proviso to Section 74 (l) (c) of the Act to sell the land measuring Ac. 5-60 cents in favour of the appellant-Association at Rs. 20,000/- per acre otherwise than by public auction. The State Government accorded permission in G. O. Rt. No. 295 Revenue (Endowment III) Department, dated March 3, 1980 for the sale of the land measuring Ac. 5-60 cents in favour of the appellant-Association at Rs. 20,000/- per acre by way of private negotiations. The Commissioner issued orders dated march 18, 1980 directing the Manager of the Temple (respondent No. 9) to execute the sale deed in favour of the appellant-Association. Accordingly, he executed the sale deed January 28,1981 (Ex. A-18) in favour of the appellant- association in respect of Ac. 5-60 cents, for a total consideration of rs. 1,12,000/ -. At the time the property was sold, there was no trust board for the temple and it was constituted on February 18,1982 with the respondents 2 to 8 herein as the trustees.
Finding of the Court:
The suit filed by the respondents herein without seeking relief for setting aside the orders passed by the Commissioner of Endowments and the State Government is maintainable. The sale of the temple property becomes null and void and is not a mere irregularity "which can be cured by providing some compensation".
Issues: 1. Whether the Civil Court has jurisdiction to entertain the suit in view of the provisions of Section 105 of the A. P. Charitable and Hindu Religious Institutions and Endowments Act, 1966 (the Act). 2. Whether the sale is void or a mere irregularity which can be cured by providing some compensation as suggested by the learned Single Judge, who referred the case to the Division Bench.
Ratio Decidendi: 1. The provisions of Section 105 of the Act do not operate as a bar to the maintainability of the suit. 2. The sale of the temple property is null and void and is not a mere irregularity which can be cured by providing some compensation.
Final Decision: The reference is accordingly answered.
( 1 ) IN view of the considerable importance of the following two questions raised in this appeal, a Division Bench of this Court deemed it appropriate to refer them to a Full Bench, by an order of reference dated October 5,1989:"one of the principal questions raised in this appeal is that the Civil Court has no jurisdiction to entertain the suit in view of the express bar contained in Section 105 of the A. P. Charitable and Hindu Religious Institutions and endowments Act, 1966. . . . . . . . . In the instant case, the suit is for setting aside a sale conducted pursuant to the sanction given by the Commissioner and the Government under section 74 of the A. P. Charitable and Hindu Religious Institutions and endowments Act, 1966 without challenging the said orders. The second question is whether the sale is void or a mere irregularity which can be cured by providing some compensation as suggested by the learned Single Judge, who referred the case to the Division Bench. "
( 2 ) FOR the purpose of answering these two questions, it would be necessary to i ef er to the relevant facts of the case and the provisions of the Andhra Pradesh charitable and Hindu Religious Institutions and Endowments Act, 1966 (for short the Act ).
( 3 ) THE appellant is the 1st defendant and the respondents 1 to 8 herein are the plaintiffs in O. S. No. 76 of 1983 on the file of the Subordinate Judge, Bapatla. Respondents 9, 10 and 11 are the defendants 2, 3 and 4 respectively. The appellant is an Association of employees registered under the Societies registration Act bearing Registration No. 9 of 1979. It submitted an application to the Assistant Commissioner, Endowments, Guntur, in November 1979 offering to purchase Ac. 5-60 cents of land in Survey No. 9, Nidubrole, Guntur district at Rs. 20,000/- per acre. This land belongs to and vests in Sri Chenna kesavaswamy Temple, Nidubrole (Respondent No. l ). At that time, the land was in possession of the Archakas and they had expressed their willingness for the sale of the land. The respondent No. 9 who was the Manager (Executive officer) of the temple at that time also proposed for the sale of the land. The assistant Commissioner recommended to the Commissioner of Endowments (respondent No. 10) for the sale of the land. The Commissioner sent back the recommendation to the Assistant Commissioner stating that he had already agreed for acquisition of the very same land by the Social Welfare Department for providing house sites to the members of the weaker sections. On enquiry by the Assistant Commissioner the Director of Social Welfare informed him that the acquisition proceedings were dropped. The Assistant Commissioner in turn intimated the same to the Commissioner. He issued a notification under section 74 (l) (b) of the Act calling for objections and suggestions for the sale of the land. It was published in the Andhra Pradesh Gazette dated November 22, 1979. Thereafter, the Commissioner had requested the State Government (respondent No. 11) through the letter dated December 17,1979 for according permission under the proviso to Section 74 (l) (c) of the Act to sell the land to the appellant-Association at Rs. 20,000/- per acre otherwise than by public auction. The State Government accorded permission in G. O. Rt. No. 295 Revenue (Endowment III) Department, dated March 3, 1980 for the sale of the land measuring Ac. 5-60 cents in favour of the appellant-Association at Rs. 20,000/- per acre by way of private negotiations. The Commissioner issued orders dated march 18, 1980 directing the Manager of the Temple (respondent No. 9) to execute the sale deed in favour of the appellant-Association. Accordingly, he executed the sale deed January 28,1981 (Ex. A-18) in favour of the appellant- association in respect of Ac. 5-60 cents, for a total consideration of rs. 1,12,000/ -. At the time the property was sold, there was no trust board for the temple and it was constituted on February 18,1982 with
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