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2024 Supreme(AP) 376

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
K. Manmadha Rao, J.
Challa Vengal Reddy - Petitioner
Versus
The Executive Officer and Others - Respondent
Writ Petition Nos: 20490, 20491, 20531, 20548/2011 and 32850/2010
Decided On : 13-09-2024

Advocates:
Advocate Appeared:
For the Appellant : Sri P. Vijaya Kiran Sri Md. Saleem
For the Respondent: AGP for Endowments, Smt. Padmavai Padnavis, Sri M. Srinivasa Rao, SC for Endowments, Sri E. Sambasiva Pratap

IMPORTANT POINT
The court established that the Limitation Act does not apply to appeals under the AP Charitable and Hindu Religious Institutions and Endowments Act, 1987.

Headnote:

Limitation - Writ Petitions - AP Charitable and Hindu Religious Institutions and Endowments Act 1987, Limitation Act 1963 - The court held that the provisions of the Limitation Act do not apply to appeals under the Endowments Act, thus quashing the impugned orders for condonation of delay.

Fact of the Case:

Multiple writ petitions were filed challenging the orders of the Regional Joint Commissioner regarding the status of landless poor tenants and the condonation of delay in appeals against earlier orders declaring them as such.

Finding of the Court:

The court found that the Regional Joint Commissioner lacked jurisdiction to condone the delay in filing appeals under the Endowments Act, as the provisions of the Limitation Act were not applicable.

Issues: Whether the condonation of delay in filing appeals was legally justified under the provisions of the Limitation Act and the Endowments Act.

Ratio Decidendi: The court concluded that the provisions of the Limitation Act do not apply to appeals under the Endowments Act, and thus the impugned orders were illegal.

Result: All writ petitions are allowed, and the impugned orders are set aside.

ORDER:

K. Manmadha Rao, J.

WP No.20490 of 2011 is filed under Article 226 of Constitution of India for the following relief:

    ….to issue a writ order or direction more specifically one in the nature of writ of Certiorari calling for records to set aside the impugned order dated 16.5.2011 in I.A.No.49/2010 passed by 2nd respondent and consequently quash Appeal No.25 of 2011 on the file of 2nd respondent filed against the orders dated 16.10.2003 passed by the Assistant Commissioner vide Rc No A5/8113/2003 dated 25.12.2003 declaring the impugned order and exercising jurisdiction over the appeal as void unlawful and contrary to provisions 162 of AP Charitable and Hindu Religious Institutions and Endowments Act 1987 and also against Rule 3 and 4 of AP Charitable and Hindu Religious Institutions and Endowments Lease of Agricultural Lands Rules 2003 section 5 of limitation Act 1963 aritcles 14 and 21 of Constitution of India and to pass…”

WP No.20491 of 2011 is filed under Article 226 of Constitution of India for the following relief:

    “….to issue a writ order or direction more specifically one in the nature of writ of Certiorari calling for records to set aside the impugned order dated 16.5.2011 in I.A.No.49/2010 passed by 2nd respondent and consequently quash Appeal No.25 of 2011 on the file of 2nd respondent filed against the orders dated 16.10.2003 passed by the Assistant Commissioner vide Rc No A5/8113/2003 dated 25.12.2003 declaring the impugned order and exercising jurisdiction over the appeal as void unlawful and contrary to provisions 162 of AP Charitable and Hindu Religious Institutions and Endowments Act 1987 and also against Rule 3 and 4 of AP Charitable and Hindu Religious Institutions and Endowments Lease of Agricultural Lands Rules 2003 section 5 of limitation Act 1963 aritcles 14 and 21 of Constitution of India and to pass…”

WP No.20531 of 2011 is filed under Article 226 of Constitution of India for the following relief:

    “….to issue Writ order or direction more specifically one in nature of Writ of Certiorari calling for records to set aside the impugned order dated 16.05.2011 in I.A.No. 46/2010 passed by 2nd respondent and consequently quash Appeal No.27 of 2011 on the file of 2nd respondent filed against the orders dated 16.10.2003 passed by the Assistant Commissioner vide Rc No A5/8113/2003 dated 25.12.2003 declaring the impugned order and exercising jurisdiction over the appeal as void unlawful and contrary to provisions 162 of A P Charitable and Hindu Religious Institutions and Endowments Act 1987 and also against Rule 3 and 4 of A P Charitable and Hindu Religious Institutions and Endowments Lease of Agricultural Lands Rules 2003 Section 5 of limitation Act 1963 articles 14 and 21 of constitution of India and to pass….”

WP No.20548 of 2011 is filed under Article 226 of Constitution of India for the following relief:

    “….to issue a Writ order or direction more specifically one in nature of Writ of Certiorari calling for records to set aside the impugned order dated 16.05.2011 in I.A.No. 47/2010 passed by 2nd respondent and consequently quash Appeal No.26 of 2011 on the file of 2nd respondent filed against the orders dated 16.10.2003 passed by the Assistant Commissioner vide Rc No A5/8113/2003 dated 25.12.2003 declaring the impugned order and exercising jurisdiction over the appeal as void unlawful and contrary to provisions 162 of A P Charitable and Hindu Regious Institutions and Endowments Act 1987 and also against Rule 3 and 4 of A P Charitable and Hindu Religious Institutions and Endowments Lease of Agricultural Lands Rules 2003 Section 5 of limitation Act 1963 articles 14 and 21 of constitution of India and to pass….”

WP No.32850 of 2010 is filed under Article 226 of Constitution of India for the following relief:

    “ ….. to a writ order or direction more particularly one in the nature of writ of certiorari call for the records relating to and in connection with the orders passed by the 1st Respondent in RP No 9 of 2009 d

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