Ownership disputes regarding endowment property should be resolved by the Endowments Tribunal, not through writ proceedings under Article 226.

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 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 4^th respondent/ Executive Officer. Thereafter the petitioner was called to the office of the 3^rd 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 2^nd 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 respondents 1 to 3 placed on record the written instructions dated 28.11.2024 submitted by the 3^rd respondent that after enquiry and verification of revenue Records it is entered in Section 43 Register that the temple owns an extent of Ac. 10.13 cents in S.No.189 and Ac. 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 Ac. 10.13 cents in Sy.No. 189 and Ac. 6.20 cents in Sy.No.190