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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
K. MANMADHA RAO
Althi China Maraiah – Appellant
Versus
State Of Andhra Pradesh – Respondent
ORDER :
This writ petition is filed under Article 226 of the Constitution of India for the following relief:
“….to issue a writ or order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in conducting public auction for the land in Sy.No.261 to an extent of Ac.-186 cents situated at Jammunarayapuram Village, Vizianagaram Mandal and District, is illegal, arbitrary, violation of the principles of the natural justice and contrary to the provisions of the A.P.Charitable Hindu Religious Institutions and Endowments Act, 1987 and consequently direct the respondent not to conduct auction / dispossess the petitioner from the above said land and pass…”
2. Brief facts of the case are that the Petitioner claims to be in possession of the land in Sy.No.22/1 to an extent of Ac.1.86cents and the land originally belonged to one Sri. Krishna Shastri, who purchased the land in the year 1910 from one Latchamma. The said Krishna Shastri is pujari of the Respondent No.5 temple and who in turn granted a Budhan Patta in favour of the petitioner on 24.02.1970. Since then, the Petitioner claims to have been in possession of the above said land, paying
Writ petitions under Article 226 are not maintainable for disputes that fall under the jurisdiction of specialized tribunals, necessitating petitioners to seek remedies through the appropriate statut....
Disputes regarding title over land belonging to charitable institutions must be addressed by the Endowments Tribunal, making writ petitions under Article 226 not maintainable.
Ownership disputes regarding endowment property should be resolved by the Endowments Tribunal, not through writ proceedings under Article 226.
The High Court cannot entertain writ petitions related to land disputes already being adjudicated in specialized tribunals, directing parties to follow appropriate legal channels for resolution.
Ownership disputes regarding lands belonging to religious institutions must be resolved through the Endowments Tribunal, making writ petitions under Article 226 inappropriate.
Without valid lease, mortgage, or license, continued possession of the property would render the person an encroacher under Sec. 83 of the Andhra Pradesh Charitable and Hindu Religious Institutions a....
The Executive Officer’s action against encroachers on temple property was within jurisdiction under the Endowments Act, with disputes over land title to be determined by the Endowment Tribunal.
The absence of a valid lease in the petitioner's name negates his claims to occupancy and challenges to eviction; eviction procedures under the Endowments Act must be strictly followed.
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