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2023 Supreme(AP) 774

BATTU DEVANAND
R. Suneetha – Appellant
Versus
Assistant Commissioner – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Thota Ramakoteswara Rao.

JUDGMENT :

This appeal has been filed under Section 84 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act 30 of 1987 (for short ‘Act 30 of 1987’), against the decree and order dated 28.11.2022 passed by the Andhra Pradesh Endowments Tribunal, Amaravati at Pedakakani, Guntur District (for short ‘the Tribunal’) in OA No.240 of 2014.

2. The appellant herein is the respondent and the respondents herein are the petitioners before the Tribunal. For the sake of convenience, the parties to this appeal hereinafter referred to as petitioners and respondent as they arrayed before the Tribunal.

3. Brief facts of the case are that the 2nd petitioner i.e., Sri Kota Anjaneya Swamy Temple, Fort Road, Kurnool Town & District, is a temple governed under Section 1 of the Act 30 of 1987. The 2nd petitioner-temple is the absolute owner of residential vacant land situated around the temple in Sy.No.35/5/C1A1, in which some small extent of ‘kutcha houses’ were constructed as detailed in the schedule for maintenance of the temple i.e., through the income derived there from. Public auction was conducted by the temple on 02.01.2011 for a period of two years and the respondent

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