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2021 Supreme(AP) 947

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
R. RAGHUNANDAN RAO, J.
G. Srinivasulu – Appellant
Versus
The State of Andhra Pradesh and Ors. – Respondents
W.P. Nos. 10386 and 14389 of 2021
Decided On : 14-09-2021

Advocates:
Advocate Appeared:
For the Appellant : Seelam Krishna Reddy
For the Respondents: GP, G. Ramana Rao, Standing Counsel and Ch. C. Satyanarayana

Headnote:

A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 - Section 80(1), 80 – Writ petition - Alienation of immovable property – Two writ petitions are being filed by same writ petitioner and relating to issue of alienation of land belonging to temple - Held, Court is not going into this issue of disputed fact, as any such distribution, even if it has taken place, is a distribution of land, which does not belong to 5th Respondent-Corporation, which is clearly illegal, and cannot confer any rights on either SC Corporation or any of said beneficiaries - In alternative, even 4th Respondent, in absence of prior sanction of Commissioner Endowments and waiver of requirement of public auction by Government, could not have alienated or handed over possession of land either to 5th respondent or beneficiaries - As it has already been held that alleged beneficiaries could not have been put in possession of land, it would always be open to 4th respondent to initiate action for eviction of said beneficiaries in event of such beneficiaries being in possession of land - At same time, fact that these persons are members of weaker sections of society cannot be lost sight of - It would be necessary for 5th Respondent to take steps to ensure that these beneficiaries are compensated by allotment of alternative land which can be acquired by 5th respondent, elsewhere, either by way of private purchase of any other land or by obtaining such land from Government - Writ petitions are allowed.

JUDGMENT :

R. Raghunandan Rao, J.

1. These two writ petitions are being filed by the same writ petitioner and relating to the issue of alienation of the land belonging to the temple, known as Sri Obeleswara Swamy Konda, Ganjivaripalli, H/o. Vepamanipeta, Talupula Mandal, Ananthapur District, both the writ petitions are being disposed of by this common order.

2. The petitioner is a devotee and Archaka of the deity in Sri Obeleswara Swamy Temple situated at Ganjivaripalli, H/o. Vepamanipeta, Talupula Mandal, Ananthapur District. This temple is the owner of Ac.88.45 cents of agricultural lands in Sy. No. 901 of Vapamanipeta Revenue Village, Talupula Mandal. About Ac.22.45 cents of this land was given to the family of the petitioner for their livelihood for performing Archakatvam in the said temple. The leasehold rights of the remaining Ac.66.00 cents were being auctioned by the Executive Officer of the said temple. However, the petitioner came to know, a year back, that the said Ac.66.00 cents of land is being sold to the SC Corporation for distribution of the land among the weaker sections of the society. On account of the objections raised by the devotees and villagers, these proposals were not moved forward. However, when some persons claiming to be the beneficiaries of such a scheme, sought to trespass into the land, the petitioner and other villagers had made enquiries. It is stated that in the course of these enquiries, the petitioner came to know that it was proposed to sell the land of the temple to the SC Corporation at the rate of Rs. 15,000/- per acre and 80% of the amount had already been received by the temple and only remaining 20% balance amount has to be received by the temple. It appears that the Executive Officer of the temple had written a letter dated 27.12.2020 to the SC Corporation requesting for payment of the remaining 20% balance amount after which the possession of the land would be delivered. Apart from this, the Executive Officer also addressed a letter to the Station House Officer of Talupula Police Station for necessary police protection. Subsequently, the District Collector, Ananthapur, addressed a letter dated 07.01.2021 to the Executive Director of the SC Corporation to take necessary steps to obtain a Government Order for registration of the temple land in favour of the beneficiaries.

3. At that stage, the Executive Officer of the temple had published a notice dated 10.02.2021 proposing to hold a public auction of the leasehold rights of the land on 22.02.2021. As this auction had not been held, the writ petitioner has approached this Court by way of W.P. No. 10386 of 2021. The relief sought in this writ petition is for a declaration that the proposed sale of land is illegal and violative of the provisions of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 and to pass such consequential orders, as may be necessary.

4. On 23.06.2021, this Court had granted an interim direction restraining transfer of the land to any person or Corporation including the 5th respondent for a period of three weeks. Thereafter, the interim direction was extended till further orders.

5. The writ petitioner had again filed W.P. No. 14389 of 2021 for a direction to the authorities to conduct auction of the leasehold rights over the said land.

6. After notice, the 4th respondent, who is the Executive Officer of the temple, had filed a counter affidavit.

7. The 5th respondent, though represented by an advocate, has not chosen to file any counter affidavit in the present matters, despite various opportunities being given to the 5th Respondent.

8. While the matters were pending before this Court, I.A. No. 2 of 2021 was filed by the petitioners therein for impleading them as respondents 9 to 11. The proposed implead petitioners had also filed I.A. No. 3 of 2021 for vacating the interim direction granted on 23.06.2021.

9. The case of the implead petitioners, who have been impleaded today by way of a separate

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