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2008 Supreme(AP) 1007

D.S.R.VERMA, G.CHANDRAIAH
Sri Sanjeeva Anjaneya Swamy Vari Devasthanam, Rajahmundry rep. by Its Archaka-Cum- Trustee – Appellant
Versus
Thokkula Dasaradharamayya – Respondent


Advocates appeared:
Mr. V.T.M. Prasad, Counsel for the Appellant.
Mr. Chandra Sekhar Kapakurti, Counsel for Respondent NO.1. G.P. for Endowments for Respondent NO.2.

JUDGMENT

(Per D.S.R. Varma, J.)

Heard both the counsel at the stage of admission.

2. Aggrieved by the order dated 02.05.2008 passed by the learned single Judge in W.P.No.10512/2008 the present writ appeal is filed.

3. Sri Sanjeeva Anjaneya Swamy Vari Devasthanam, Rajahmundry represented by its Archaka-cum- Trustee is the appellant herein (for short herein after referred to as 'the appellant - Temple'). From the material available on record it could be seen that the Assistant Commissioner, Endowments Department, Rajahmundry by his proceedings in RC.No.A4/5755/2007 dated 28.6.2007 submitted proposals under Section 83 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short 'the Act') stating that the 151 respondent herein is an encroacher over the temple land bearing door NO.8-9-1 in 150 sq. yards of site, Tank Bund, Rajahmundry. Based on the proposal, a case in O.A. No. 114/2007 was instituted by the appellant - Temple. The case of the temple is that the 151 respondent took the schedule land on lease during the year 1982 from the then trustee without approval from the competent authority and however, as there was default in payment of damages



























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