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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
K. MANMADHA RAO
S. Babu Rajendra Prasad – Appellant
Versus
State Of Andhra Pradesh – Respondent
ORDER :
The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:
“…..to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus to declare the Notice dt. 23.10.2024 issued by the 6th respondent U/s 83(2) of A.P. Charitable Hindu Religious Institutions and Endowments Act, 1987 as illegal, arbitrary, without jurisdiction and violative of Article 21 of Constitution of India and consequently direct the respondents not to change the entries in ROR in relation to 1st petitioner property in Sy.No.211-2 to an extent of Ac.2.23 cents situated in Nimmalakunta Village, H/o Pothulanagelapalli Villag Fields bounded East: Road towards Puttaparthi, South: Housing Corporation limited, west: Land in Sy.No.211, North: Madapuram Road (60 feet road), Dharmavaram Mandal, Sri Satya Sai District….”
2. Brief facts of the case are that the 1st petitioner is the absolute owner and possessor of agriculture land in Survey No.211-2 to an extent of Ac.2.23 cents situated in Nimmalakunta Village, Pothulanagelapalli village fields (for short “subject property”) vide DAR Dis.No.13/1414, dated 16.07.2004. The father of the 2n
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.
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....
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.
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.
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