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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
SUBBA REDDY SATTI, J.
Raghavendra Swamy Mutt – Petitioner
Versus
The State of Andhra Pradesh and Others – Respondents
Writ Petition No. 11342 of 2023
Decided On : 06-07-2023
Mandamus - Land Exchange - Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 - Section 80 - G.O.Ms.No. 10, Revenue (Endts.II) Department dated 08.01.2021 - The court discussed the applicability of Section 80 of the Act, which requires permission from the Commissioner for any exchange of immovable property belonging to a charitable or religious institution. The court emphasized the importance of obtaining necessary relaxation orders from the High Court as per the guidelines and highlighted that the permission of the Commissioner is essential for such transactions. The court dismissed the writ petition, stating that it did not find any merit in the petition and clarified that it did not address the issue of whether the Endowment Department had control over Mutt lands.
Fact of the Case:
The petitioner, a religious institution, sought a writ of mandamus to implement an agreement for the exchange of land with the Roads & Buildings (R&B) Department. The Mutt identified a piece of land for construction to accommodate the increasing number of devotees. The government agreed to the exchange subject to obtaining relaxation orders from the High Court.
Finding of the Court:
The court dismissed the writ petition, stating that it did not find any merit in the petition. It clarified that it did not address the issue of whether the Endowment Department had control over Mutt lands.
Issues: The main issue was the applicability of Section 80 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, and the requirement of obtaining relaxation orders from the High Court for the exchange of land.
Ratio Decidendi: The court emphasized the importance of obtaining necessary relaxation orders from the High Court as per the guidelines and highlighted that the permission of the Commissioner is essential for any exchange of immovable property belonging to a charitable or religious institution.
Final Decision: The writ petition was dismissed, and no costs were awarded. The court clarified that it did not address the issue of whether the Endowment Department had control over Mutt lands.
ORDER :
1. The above writ petition is filed seeking the following relief:
2........
(b) His Holiness, the Peetadhipathi of the Mutt after due deliberations, has directed the Mutt authorities to make an application for exchange of the land of the Mutt in S.No. 11/3 admeasuring Ac.1.55 cents with that of land in S.No. 64/1 admeasuring Ac.1.19 cents. Pursuant to the orders of his Holiness Sri Swamji, the Manager of the Mutt addressed letter dated 10.10.2019 to the Chief Engineer, R&B Department seeking exchange of land. The Superintending Engineer, R&B and the Executive Engineer (FAC), R&B, came to Mantralayam on 10.12.2019 and inspected the proposed site and inturn, addressed letter to the Chief Engineer, R&B appraising all facts. The authorities also found that the land of an extent of Ac.1.55 cents in S.No. 11/3 is feasible for them to construct the guest house for tourists.
(c) The Superintending Engineer (FAC) R&B Circle, Kurnool requested the Chief Engineer (R&B), Vijayawada to get necessary orders from the Government to handover the existing inspection bungalow to Sri Raghavendra Swamy Mutt, Mantralayam and to take possession of alternative land proposed for allotment by the Mutt to the control of R&B Department. The Government after careful examination of the matter, agreed to the proposal of the Special Commissioner, Endowments Department, Vijayawada for exchange of R&B land in S.No. 64/1 of an extent of Ac.1.19 cents with the land in S.No. 11/3 of an extent of Ac.1.55 cents belonged to the Mutt, subject to getting “relaxation orders from the High Court” and accordingly issued G.O.Ms.No. 10, Revenue (Endts.II) Department dated 08.01.2021. The Commissioner of Endowments, A.P. Vijayawada directed the petitioner Mutt to file an application before the High Court, pursuant to G.O.Ms.No. 10 dated 08.01.2021, seeking relaxation to get exchange of the Mutt land with R&B land vide letter dated 04.02.2021. In fact, Commissioner, Endowments issued memo dated 09.03.2021 regarding exchanges etc.
(d) Petitioner filed I.A.No. 1 of 2021 in W.P.No. 11812 of 2005. As per the averments in Paragraph-11 of the affidavit, the I.A. came up for hearing before the Division Bench on 02.02.2023 and it was verbally observed
The central legal point established in the judgment is the requirement of obtaining permission from the Commissioner and necessary relaxation orders from the High Court for any exchange of immovable ....
A suit for declaration of title to property and for permanent injunction is not maintainable without notice under Section 80 of the C.P.C. if the defendants are claiming title to the property.
The court emphasized the limitations on land allotment to educational institutions under the U.P. Zamindari Abolition and Land Reforms Act, 1950, and the discretionary power of the State Government i....
Resolution by the Land Management Committee for land allotment without approval from the S.D.M. lacks legal validity, leading to unlawful possession claims.
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