ORDER :

The respondents 4 to 17 had claimed title and possession over various plots of land located in “MVN Layout” in Sy.No.275/D1 (Sy.No.275P) of Adavivaram Village, Visakhapatnam Rural Mandal, Visakhapatnam District. The entire land in the said survey number was claimed by the 3rd respondent-temple on the basis of the proceedings under the Inam Abolition Act as well as G.O.Ms.No.406, dated 20.06.2000. In view of long pending litigation, the Government had enquired into the matter and had come up with G.O.Ms.No.578 dated 19.08.2000 for regularisation of the ownership over the plots which were being claimed by both the 3rd respondent-Devasthanam as well as the persons in occupation of the said plots. This government order permitted the Devasthanam to regularise the ownership and possession of the persons over the lands, which were in their possession, on payment of consideration in accordance with the stipulations set out in the Government Order. (It appears that some of the respondents 4 to 17 were not the persons, in favour of whom land regularisation certificates were issued by the 3rd respondent, and they are claiming through the persons who had received such certificates. These claims are on the basis of the said respondents being the legal heirs of the persons who had been granted these land regularisation certificates or the persons who had otherwise obtained title over the plots from the persons who had been granted regularisation certificates. For ease of convenience it is being recorded that it is respondents 4 to 17 who had obtained the certificates and any reference in the order shall be treated as reference to the predecessors of these respondents also.

2. The plots owned by these respondents were regularised by the 3rd respondent, who issued regularisation certificates to all these persons. Thereafter, respondents 4 to 17 had made a request to the Executive Officer of the 3rd respondent for shifting of their plots into one contiguous bit owned by the temple, in exchange for taking over the plots regularised in favour of the respondents 4 to 17. This request was forwarded by the Executive Officer of the 3rd respondent to the 2nd respondent-Commissioner. Thereupon, the 2nd respondent-Commissioner forwarded the request to the 1st respondent, who issued Memo No.368766/Endts.II (1)/2016, dated 22.02.2017 permitting the Executive Officer to exchange 2919.20 sq. yards of the 3rd respondent-temple with various bits of regularised land admeasuring 2928.77 sq. yards of land . The land given to respondents 4 to 17 is said to be in “B block” along with roads on four sides.

3. In pursuance of this Memo, the 3rd respondent and the respondents 4 to 17 executed a deed of exchange on 31.12.2019, which was registered as document No.3645 of 2019 in the office of the Joint Sub-Registrar, Gopalapatnam. The respondents 4 to 17 thereupon, obtained building permission on 07.10.2021 from Greater Visakhapatnam Municipal Corporation and sought to commence construction of a building in this land.

4. At that stage, the petitioner, who claims ownership and possession over 300 sq yards of land in Plot No.B-7 of MVN Layout, approached this Court with the complaint that her plot of land was made part of the land handed over by the 3rd respondent-temple to respondents 4 to 17 and the same is illegal, arbitrary and violative of various provisions of law.

5. Sri P. Roy Reddy, learned counsel appearing for the petitioner submits as follows:

a) The transaction between the 3rd respondent-temple and respondents 4 to 17 was an “exchange of land” and the same was in violation of Section 80 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1984 (for short ‘the Endowments Act’). He submits that Section 80 requires permission to be granted by way of a Government Order and not by way of a Memo.

b) The procedure set out under Section 80(1)(b) of the Act requiring invitation of suggestions and consideration of such objections, was not done.