IMPORTANT POINT
The court affirmed the temple's status as a Private Trust, ruling that Revenue Officials acted beyond their authority in classifying the land as Endowment land.

ORDER :

K. MANMADHA RAO, J.

This writ petition is filed under Article 226 of the Constitution of India for the following relief:

“…….to issue a Writ Order or Direction more particularly in the nature of Writ of Mandamus (i) to declare the Revenue Officials has no power to record the agricultural land of the petitioner situated at R S No 54/1 Done Atkuru Village Vijayawada Rural Mandal Krishna District as Endowment land and same is contrary to A P Charitable and Hindu Religious Institutions and Endowments Act 1987 and G O Ms No 3935 L M dt 01 10 1928 of The Madras Government arbitrary and violative of Article 14 of Constitution of India ii Consequently to declare the proceedings dated 01.06.2011 of Respondent No 4 in not giving Valuation Certificate to the petitioners agricultural land in R S No 54/1 Done Atkuru Village Vijayawada Rural Mandal Krishna District is contrary to Andhra Pradesh Registration Prohibition of Registration of Certain Documents Opposed to Public Policy Rules 1999 and violation of Articles 14 and 31A of Constitution of India arbitrary illegal capricious and direct Respondent No 4 to give valuation Certificate to the Petitioners said agricultural land….”

2. The brief facts of the case are that the Petitioner is the Managing trustee of the Petitioner temple situated at R.S. No.54/1, Done Atkuru Village, Vijayawada Rural Mandal, Krishna District. The Petitioner’s maternal great grandfather, Late Sri Rayaparthi Venkata Subbayya, Retired Karanam and resident of Poranki Village had constructed a small Anjaneya Swamy Temple in the year 1907 for family purpose in his Mango garden situated at D.No.141 [now R.S. No.433(2)], Poranki Village, Krishna District. The said Subbayya had purchased agricultural land to an extent Ac. 4-06 cents in D. No.28 at Done Atkuru Village, Krishna District, by a registered Sale Deed on 01.07.1915 with his own money in the name Sri Anjaneya Swamy Vari, represented by him as the Trustee. In the resurvey conducted in the year 1927, the above land was shown as field No.54/1 and ownership of the land was shown in the rough settlement register published by the Survey Department as "Anjaneya Swamy". Sri Subbayya had also given written representations on 30.08.1927 and 14.02.1928 respectively to the Spl. Asst. Settlement Officer requesting to incorporate his name as Trustee, but the officer refused to change in the register; however, it didn't effect the rights of the Trustee over the land as per records in his possession. Accordingly, the said Subbayya represented to then Madras Government which issued G.O. Ms. No.3935 L & M, on 01.10.1928, exempting Sri Anjaneya Swamy Temple at Porariki in Bezawada Taluk of Krishna District from all provisions of Madras Hindu Religious Endowments Act, 1926, but the said G.O. is binding on the Govt. of Andhra Pradesh. Sri Subbayya has also installed idols of Sri Rama and Seetha Devi in the said temple which is now called as Sree Seetharamanjaneya Temple.

While the matter stood thus, Sri Subbayya created a Family Temple Trust for Sree Seetharamanjaneya Swamy Temple through his registered Trustee Deed (WILL). He appointed his sons-in-law, Ganugapati Kutumba Rao (H/o Mahalakshmamma) and Tenneti Venkata Subbarayudu (H/o Seetharamamma) as Trustees on 02.08.1929, with their sons as male descendants continuing as hereditary Trustees. The eldest male member by name Tenneti Venkata Subbarayudu to be the Managing Trustee of the said Family temple Trust according to the Trust Deed Will. It was clearly stated in the WILL that the temple was constructed for the benefit of his family and public have no right to enter into the temple. After demise of Tenneti Patabhiramayya, the Petitioner being the eldest male member of my family is the Managing Trustee. It is further stated that, as some persons are interfering with the possession of the said land, the petitioner intends to file a suit and for that purpose he applied for Valuation Certificate for Ac 4.06 cents in R.S.No.54/1, D