IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
C. PRAVEEN KUMAR, M. SATYANARAYANA MURTHY, JJ.
Takkella Lakshminarasaiah – Appellant
Versus
State of Andhra Pradesh and Ors. – Respondents
WP Nos. 27655, 27572 of 2016, 39704 and 42318 of 2017
Decided On : 29-11-2019
Constitution of India,1950 - Articles 227, 43, 13(2) , 300-A , 31-A(1) , 13 , 14,23, 143, 301, 31-A 14, 19(1)(g) and 21 - Area Inams Abolition and Conversion into Ryotwari Act, 1956 - Sections 4, 10-B and 7 - A.P - Charitable, Hindu Religious Institutions and Endowments Act - Section 77 - Endowments Act, 1987 – Sections 75,77, 80 and 81 - Registration Act - Sections 22-A and 22-A(1)(C) - Registered Sale Deed - Abolition and Conversion - Constitution Fourth Amendment Act, 1955 - A.P. Act No. 30 of 1987 - Sections 76, 77 , 75 - Allegations made in both writ petitions are one and same, hence, we find it expedient to decide both petitions by common order - WP No. is taken as a leading petition - Writ petition is filed under Article 227 of Constitution of India, to declare A.P. Act No. 16 of insofar as amendments brought by said Act to Sections 4 and 7 of Area Abolition and Conversion into Act, 1956 for short Inams Abolition Act as invalid and ultra vires violative of Part-III of Constitution of India, particularly Articles 14, 19(1)(g) and 21 of Constitution of India and consequently set-aside passed in DDis. No. E4 by 2nd respondent wherein Order dated 3.3.2014 in D.Dis. No. Cof 3rd respondent was confirmed – Held, Even according to Section 7 of Act, Devadasis who alienated property are not entitled to claim right over property and they cannot render services - System itself is abolished by Act No. 10 of - In those circumstances, District Collector/third respondent is directed to resume land, in accordance with procedure prescribed under Chapter-II, Part-II of B.S. Nos. 54 & 55 - District Collector is also directed to take immediate steps to provide relief and rehabilitation to victims prescribed under Section 7 of AP No. 10 of by providing relief and rehabilitation to original grantee if alive and successors, to eradicate such heinous practices - WP Nos. 27655 & 27572 of 2016 are dismissed and WP Nos. 39704 & 42318 of 2017 are Disposed of with certain directions issued supra
JUDGMENT :
M. Satyanarayana Murthy, J.
WP Nos. 27655 & 27572 of 2016
1. As the allegations made in both the writ petitions are one and the same, hence, we find it expedient to decide both the petitions by common order. WP No. 27655 of 2016 is taken as a leading petition.
WP No. 27655 of 2016
2. This writ petition is filed under Article 227 of the Constitution of India, to declare A.P. Act No. 16 of 2013 insofar as the amendments brought by the said Act to Sections 4 and 7 of the Andhra Pradesh (Andhra Area) Inams Abolition and Conversion into Ryotwari Act, 1956 (for short 'Inams Abolition Act') as invalid and ultra vires violative of Part-III of the Constitution of India, particularly Articles 14, 19(1)(g) and 21 of the Constitution of India and consequently set-aside the Order dated 21.7.2016 passed in DDis. No. E4/1051/2014 by the 2nd respondent wherein the Order dated 3.3.2014 in D.Dis. No. C/18/2012 of the 3rd respondent was confirmed.
3. The petitioner claims to be the purchaser of Acs. 5.72 cents of land in Sy. Nos. 172/C3, 172/C1, 177/1, 177/3 and 171/1 of Kondamur Village, J. Pangaluru Mandal, Prakasam District under Registered Sale Deed, dated 20.2.2006 (Doct. No. 220/2006) from Potti Sreenivasa Rao, Potti Vekata Vijaya Kumar, Vankayala Venkatadurga Prasad and Yakkala Tulasi Rao. Another extent of Ac. 0.92-1/2 cents of land under Registered Sale Deed, dated 20.2.2008 (Doct. No. 221/2006) from Potti Sreenivasa Rao, Atmakuri Prabhakar Rao, Potti Venkata Vijaya Kumar and Vankayala Venkatadurga Prasad and Acs. 2-07-1/2 cents of land under Registered Sale Deed, dated 20.2.2006 (Doct. No. 241/2006) from Potti Sreenivasa Rao, Potti Venkata Vijaya Kumar, Vankayala Venkatadurga Prasad and Yakkala Tulasi Rao for Valuable consideration. The petitioner is in possession and enjoyment of the property, from the date of purchase, uninterruptedly. The revenue authorities issued Pattadar Pass Book and Title Deeds in favour to the petitioner for the said lands and he is cultivating the land from the date of purchase.
4. The predecessors in title of the petitioner, purchased an extent of Acs:5-72 cents of land from Chunduri Venkateswarlu and their family members on 22.12.2004 and 30.12.2004, vide registered Document Nos. 2346 & 2383 of 2004. They were in possession of the property since their purchase. An extent of Ac. 0-92-1/2 cents of land was purchased by vendor of this petitioner from Chunduri Padmavathi and her family members on 19.11.2004 vide Document No. 2125 of 2004 and the possession of property was delivered to vendors who purchased the said property from Chunduri Venkateswarlu on 9.2.2001 vide Document No. 289/2001. The property was conveyed to the vendors of the petitioner by Chunduri Venkateswarlu and his family members, as it was their ancestral property. An extent of Acs. 2-07-1/2 cents of land was purchased by petitioner's vendors Potti Sreenivasa Rao, Potti Venkata Vijaya Kumar, Vankayala Venkatadurga Prasad and Yakkala Tulasi Rao from Chunduri Anthalakshmamma and their family members on 12.1.2005 and from Chunduri Hari Babu on 12.1.2005 and the possession of the property was delivered to the petitioner's vendors on the same day vide Document Nos. 37/2005 and 38/2005 respectively. Chunduri Hari Babu purchased the said property from Chunduri Venkateswarlu on 9.2.2001 vide Registered Document No. 290/2001 and they were in possession and enjoyment of the property till conveying the property in favour of this petitioner.
5. While the matter stood thus, respondent Nos. 5 & 6 filed petitions before the Revenue Divisional Officer, Ongole, under Section 77 of A.P. Charitable, Hindu Religious Institutions and Endowments Act, requesting to resume the above lands in the village of Kodamur, stating that the land in Sy. No. 59 to an extent of Acs. 12-30 cents and Sy. Nos. 171, 172 and 177 to an extent of Acs. 14-54 cents belong to temples and that they were granted to Chunduri and Kalavakuri families towards "Bhajantri Service Inam" i.e., f
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