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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
K.MANMADHA RAO
Royal Line Ice Creams Limited Liabillity Partners – Appellant
Versus
State Of Andhra Pradesh – Respondent
| Table of Content |
|---|
| 1. petitioner's request for mandamus relief. (Para 1) |
| 2. claims of ownership and eviction notice. (Para 3 , 4) |
| 3. jurisdiction issues of the endowments tribunal. (Para 5 , 8 , 10 , 13) |
| 4. legal provisions on encroachments. (Para 6 , 7 , 11 , 12 , 14) |
| 5. directive for grievance redressal in tribunal. (Para 15 , 16 , 17) |
ORDER:-
K MANMADHA RAO, J.
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 Article 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
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.
Disputes regarding title over land belonging to charitable institutions must be addressed by the Endowments Tribunal, making writ petitions under Article 226 not maintainable.
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....
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....
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