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2024 Supreme(AP) 1521

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
DR. K. MANMADHA RAO, J.
Royal Line Ice Creams Ltd. Liability Partners, Visakhapatnam – Appellant
Versus
State of Andhra Pradesh and others – Respondent
WP No.27720 of 2024
Decided on : 29-11-2024

Advocates:
Advocate Appeared:
For the Appellant : D.V. Sasidhar
For the Respondent: Government Pleader for Endowments

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.

Headnote:(A) Constitution of India - Article 226 - Registration Act, 1908 - Section 22(A)(1)(c) - Writ petition challenging the prohibition of property by Endowments Department - The petitioner claimed ownership of land previously leased and possessed; however, the respondents contended it belonged to a temple, thus citing jurisdiction issues under the Endowments Act - The court dismissed the petition as not maintainable, directing the petitioner to seek resolution through the Endowments Tribunal. (Paras 1, 10, 13, 15)

(B) Jurisdiction of High Court - The scope of Article 226 allows the High Court to issue writs for enforcement of rights; however, it does not entertain matters already within the jurisdiction of a specialized tribunal as seen in this instance. (Paras 8, 10)

(C) Dispute Resolution - The court emphasized the need to resolve land ownership issues through the relevant Endowments Tribunal before seeking writ intervention, noting the specific powers and procedures established under the Endowments Act to assess matters pertaining to religious institutions property. (Paras 13, 15)

Table of Content
1. claim and ownership of property. (Para 1 , 3 , 4)
2. legal arguments presented. (Para 2)
3. court's observation on jurisdiction. (Para 5 , 6 , 8 , 10 , 13)
4. legal statutes guiding the case. (Para 7 , 9 , 11 , 12 , 14)
5. final ruling and guidance provided by the court. (Para 15 , 16 , 17)

JUDGMENT :

1. This writ petition is filed under Article 226 of the Constitution of India, seeking the following relief :

    “…..to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in keeping the petitioners property admeasuring Ac.1.01 cents in Sy.No.189/2 situated at Lankelapalem Village, Parawada Mandal, Visakhapatnam District in the prohibitory list as per Section 22(A)(1)(c) of Registration Act, 1908 as bad, illegal, arbitrary, without jurisdiction, contrary to the principles of natural justice, violative of Fundamental Rights guaranteed under Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents to forthwith release the subject property from the prohibitory list as per Section 22(A)(1)(c) of Registration Act, 1908 and pass such other orders....”

2. Heard Mr. D.V. Sasidhar, learned Counsel for the petitioner and learned Assistant Government Pleader, Endowments for the respondent Nos.1 to 3.

3. Learned Counsel for the petitioner would contend that the petitioner company is the absolute owner and possessor of the land measuring Ac.1.01 cents in Sy.No.189/2 of Lankelapalem Village, Parawada Mandal, Visakhapatnam District, having purchased the same under a Registered Sale Deed dated 06.07.2010 from its respective owner, since then he has been in possession and enjoyment of the same and obtained approved plan from the VUDA vide proceedings dated 18.09.2010. The Tahsildar, Parawada, has given certificate vide proceedings dated 14.08.2008 certifying that the subject land is Zeroythi land. The petitioner has entered into a lease agreement with the Visakha Milk Producers Company dated 27.11.2018 for leasing out the Ice Cream manufacturing plant and missionary for a period of 90 months or 7 and half years. Surprisingly the then Assistant Commissioner, Endowments Department, Visakhapatnam has issued an eviction notice dated 27.10.2021 through the 4th respondent/Executive Officer. Thereafter the petitioner was called to the office of the 3rd respondent and threatened with dire consequences, unless he agree with the title of the temple and give an undertaking agreeing the title and requesting for lease for a period of 11 years the petitioner company will be closed. Since the petitioner had no option, he was constrained to sign on the undated undertaking prepared by the then Assistant Commissioner, Endowments Department, Visakhapatnam by name Ms. Santhi, requesting to grant lease of his own land and issued order dated 04.01.2022. While the matter stood thus, the petitioner submitted a representation dated 20.08.2024 to the 2nd respondent requesting to get back his property after enquire into the matter pursuing all the documents and to delete the property from the prohibited property list maintained under Section 22-A(1)(c) of REGISTRATION ACT , 1908. Therefore, the present writ petition came to be filed, questioning the action of the respondents in this writ petition.

4. During hearing learned Assistant Government Pleader for the respondent Nos.1 to 3 placed on record the written instructions dated 28.11.2024 submitted by the 3rd respondent that after enquiry and verification of Revenue Records it is entered in Section 43 Register that the temple owns an extent of Acs.10.13 cents in S.No.189 and Acs.6.20 cents in Sy.No.190/1 situated at Lankelapalem Village, Parawada Mandal, Anakapalli District. As per the Settlement Register of Lankelapalem Village, Sri Paradesamma Ammavaru is the absolute owner of landed property to an extent of Acs.10.13 cents in Sy.No.189 and Acs.6.20 cents in Sy.No.190/1. The said land was already not

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