2011 (6) ALT 162
High Court of Andhra Pradesh
THE HONOURABLE MR. JUSTICE SANJAY KUMAR
Satyadeva Sannakaru Rythu Sangham
Versus
The State of Andhra Pradesh & Others
WRIT PETITION NO.488 OF 2006
Decided on : 12-08-2011
Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 – Section 82 – Andhra Pradesh (Andhra Area) Tenancy Act, 1956 – Societies Registration Act, 1860 – Benefit of Land – Petitioner assails proceedings of Assistant Commissioner the fourth respondent, and the appellate order passed by the Regional Joint Commissioner, the third respondent, in Appeal confirming the same, whereby and whereunder it was held that the petitioner Sangham was not eligible to claim benefit – The petitioner Sangham seeks a consequential declaration that its members are landless poor persons and that they are entitled to the benefit of Section 82 of the Act of 1987 in respect of the lands held by them on lease belonging to Sri R.V.B.S.Choultry, Peddapuram, the fifth respondent – Held, The members of the petitioner Sangham shall be permitted to participate in this exercise and substantiate their claim by producing relevant proofs in support thereof – The benefit of Section 82(2) of the Act of 1987 shall be extended to all such members of the petitioner Sangham who are found to satisfy the statutory requirements to claim the status of a ‘landless poor person’/small and marginal farmer – This exercise shall be completed expeditiously and in any event, not later than six months from the date of receipt of a copy of this order – In the meanwhile, the parties shall continue to abide by the arrangement that subsisted during the pendency of this writ petition – Order Accordingly
Satyadeva Sannakaru Rythu Sangham, Peddapuram, East Godavari District, the petitioner herein, assails the proceedings dated 22.01.2005 of the Assistant Commissioner, Multi Zone-I, Endowments Department, Rajahmundry, East Godavari District, the fourth respondent, and the appellate order dated 16.09.2005 passed by the Regional Joint Commissioner, Multi Zone-I, Endowments Department, Kakinada, East Godavari District, the third respondent, in Appeal No.19 of 2005 confirming the same, whereby and whereunder it was held that the petitioner Sangham was not eligible to claim benefit under Section 82 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for brevity, ‘the Act of 1987’). The petitioner Sangham seeks a consequential declaration that its members are landless poor persons and that they are entitled to the benefit of Section 82 of the Act of 1987 in respect of the lands held by them on lease belonging to Sri R.V.B.S.Choultry, Peddapuram, the fifth respondent.
2. This Court, by interim order dated 21.06.2007, directed status quo obtaining as on that day as to the nature and possession of the lands in question to be maintained for four weeks. The same was extended by two weeks under order dated 28.08.2007 and by a further period of three weeks under order dated 09.10.2007. Thereafter, when the matter was listed for hearing on 30.04.2008 upon the vacate stay petition filed by the fifth respondent Choultry in WVMP No.1435 of 2008, this Court, taking note of the fact that there was no order existing as on that day, observed that the question of vacating the interim order dated 21.06.2007 did not arise. Thereupon, the petitioner Sangham filed WPMP No.14567 of 2008 seeking a direction to the respondents not to interfere with its peaceful possession and enjoyment over the subject lands in Survey Nos.81 to 88 and 171 of Peddapuram Village pending disposal of the writ petition. By order dated 29.05.2008, this Court again directed status quo obtaining as on that day to be maintained as to the properties in question until further orders.
3. Aggrieved thereby, the fifth respondent Choultry filed Writ Appeal No.800 of 2008. A learned Division Bench of this Court, by order dated 06.08.2008, allowed the said appeal quashing the order of status quo granted by the learned single Judge and directed that the subject lands, after deducting the acquired extent of Ac.31.42 cents in R.S.No.171 of Peddapuram Village, shall be given on lease to the petitioner Sangham upto 30.04.2009 on a total lease rent of Rs.4,00,000/-. The Bench directed that if the possession of the lands in question was not with the petitioner Sangham, the fifth respondent Choultry shall hand over the same to the petitioner Sangham on the following conditions as to payment of the lease rent:
(i) Rs.1,00,000/- shall be paid to the fifth respondent Choultry on or before 11.08.2008;
(ii) Rs.50,000/- shall be paid on or before 07.09.2008;
(iii) Rs.2,50,000/- shall be paid on or before 30.04.2009.
4. Thereafter, the petitioner Sangham filed WPMP No.10667 of 2009 in the writ petition to permit it to continue as a tenant in respect of the subject lands admeasuring Ac.106.00 cents in R.S.Nos.81 to 88 and 171 of Peddapuram Village on the same terms and conditions spelt out in the order dated 06.08.2008 in Writ Appeal No.800 of 2008, without prejudice to its rights in the writ petition. By order dated 21.04.2009, this Court ordered the said WPMP on the condition that the petitioner Sangham paid a sum of Rs.2,50,000/-on or before 30.04.2009 as per the order in Writ Appeal No.800 of 2008. Having complied with the said direction, the petitioner Sangham claims to have tendered a sum of Rs.1,00,000/- to the fifth respondent Choultry for the next year and alleged that due to inaction on the part of the fifth respondent Choultry the said payment was not received on or before 11.08.2009, in keeping with the time stipulation in the order in Writ
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