Point of Law : Once pari materia provisions of old Act have been invoked and litigation has eventually been decided in favour of legal heirs of founder, it is wholly improper and unfair to direct writ petitioner again to take recourse to same exercise.

JUDGMENT :

Prashant Kumar Mishra, J.

This intra-court appeal has been preferred against the order dated 25.08.2021 passed by the learned single Judge allowing W.P.No.6370 of 2021, declaring Memo No.M2/19021(35)/30/2019 dated 25.02.2021 as illegal and violative of Articles 14, 21 and 300-A of the Constitution of India, consequently setting aside the same and directing the 2nd respondent therein (appellant) to delete the properties of the writ petitioner (respondent No.1) from the prohibitory property list under Section (A)(1)(c) of the Registration Act, 1908 (for short, “the Registration Act”).

2. A private choultry, viz. Pulladigunta Satram, Pulladigunta Village, Vatticherukuru Mandal, Guntur District, was constructed in the year 1820 by one Sri Katrapati Seshachalam, ancestor of Katrapati Anasuyamma, Katrapati Rama Rao and Katrapati Balakrishnamohan in Sy.No.445 of Pulladigunta Village and own property in Sy.No.14 and other survey numbers of Vatticherukuru Village and Mandal, Guntur District. In the year 1840, Sri Raja Jaganna Manikya Rao, the Zamindar of Raichur made a rent-free personal grant of about Ac.40.00 cents of dry land as reward to Sri Katrapati Seshachalam, the founder of the choultry to service and run the choultry from his personal funds. Since the time of grant, he was in possession and enjoyment of the same during his lifetime and the same was personal inam, which is not charitable and alienable. During his lifetime, Katrapati Vasudeva Parabrahmam maintained the choultry, thereafter Katrapati Sesha Chalapathi Rao maintained it and subsequently, legal heirs are maintaining the same.

3. When the Endowments Department proposed to interfere with the possession of the land of the choultry of the Katrapati family, the legal heirs of the founder Sri Katrapati Seshachalam preferred O.A.No.56 of 1977 under Section 77 (present Section 87 as per the Endowments Act, 1987) of the Endowments Act, 1966 (for short, ‘the 1966 Act’) before the Deputy Commissioner, Endowments Department, for declaration that the choultry is a private choultry and the land admeasuring Ac.14.14 cents in Sy.No.14 and 445 of Pulladigunta Village, Vatticherukuru Mandal, Guntur District, is not a charitable endowment. The O.A. was dismissed on 20.08.1979. However, the legal heirs of the founder preferred O.S.No.60 of 1979 before the District Judge, Guntur, which was dismissed on 19.08.1983 against which they preferred A.S.No.1718 of 1989 in the High Court of Judicature, Andhra Pradesh at Hyderabad. The said appeal was allowed on 17.11.1995 by setting aside the judgment dated 19.08.1983 of the District Judge, Guntur in O.S.No.60 of 1979. The said judgment has attained finality as no S.L.P. was preferred by the defendants, including the Deputy Commissioner of Endowments, Guntur. The writ petitioner purchased an extent of Ac.3.00 cents out of the subject property involved in A.S.No.1718 of 1989 in Sy.No.14 of Vatticherukuru Village and Mandal, Guntur District from Katrapati Lakshmi Narasimha Rao, legal heir of the founder Sri Katrapati Seshachalam, through registered sale deed No.2981 of 2015 dated 17.08.2015. When the writ petitioner wanted to alienate the property, it was informed that the property is kept under prohibitory list under Section 22-A(1)(c) of the Registration Act.

4. The writ petitioner preferred the writ petition challenging the inclusion of the property in the list of prohibited properties, inter alia, contending that the 2nd respondent issued Memo No.M2/19021(35)/30/2019 dated 25.02.2021, rejecting his application seeking deletion of the property from the list of prohibited properties, on the ground that the choultry was published under Section 6(c) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short, ‘Act 30 of 1987’), as such, the choultry is a public choultry along with its properties and the publication dated 12.11.1987 under Act 30 of 1987 was done in accordance with law, which can be c