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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
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 such other orders....”
2. Heard Mr. D.V.Sasidhar, learned counsel for the petitioner and learned Assistant Government Pleader, Endowments for the respondents 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
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....
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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