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2018 Supreme(AP) 327

CHALLA KODANDA RAM
Bandela Peda Satyam, S/o. Venkanna – Appellant
Versus
Regional Joint Commissioner, Multi Zone I, Endowment Department – Respondent


Advocates Appeared:
For the Petitioner: Sri. S. Subba Reddy
For the Respondent: Smt. K. Lalitha

ORDER :

This writ petition is filed under Article 226 of the Constitution of India, which is in the nature of Writ of Certiorari, questioning the order, dated 23.06.2007, of the Assistant Commissioner, Endowment Department, Rajahmundry, East Godavari District 2nd respondent herein, as confirmed by the order, dated 11.02.2008, of the Regional Joint Commissioner 1st respondent herein.

2. Petitioner herein claims to be a landless poor person and sought benefit of Section 82 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (in short, the Act) and the same was rejected by the Primary Authority as well as the Appellate Authority i.e., Assistant Commissioner and the Joint Commissioner.

3. The facts are not in dispute. It is a case where petitioner, admittedly, came to enter into the land as a tenant in the year 1983-1984, i.e., much after the date of commencement of the Act 30 of 1987. In other words, as on the crucial notified date 28.05.1981, petitioner was not the tenant of the land. It is now no more res integra that the benefit of Section 82(2) of the Act, in relation to the landless poor person, is restricted to such of those tenants who are in





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