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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
DHIRAJ SINGH THAKUR, R.RAGHUNANDAN RAO
Sri Lakshmi Chennakesava Swamyvari Devasthanam – Appellant
Versus
Pinneboyina Satyanarayana – Respondent
Judgment :
R. Raghunandan Rao, J.
1. Heard Sri V. Venugopal Rao, the learned Senior Counsel represented on behalf of Sri Devi Subhasini Anne, learned counsel for the appellant and the learned Government Pleader for Endowments, appearing for the respondents.
2. As these two appeals arise out of a common order, dated 21.08.2025, in W.P.No.15005 of 2025 and W.P.No.15006 of 2025, they are being disposed of by way of this common order.
3. The Executive Officer, of the appellant herein, had issued two separate orders, dated 09.06.2025, informing the petitioner in W.P.No.15005 of 2025 that he was in unauthorized occupation of Ac.0.90 cents of land in Survey No.635 of Markapuram village, as an encroacher, and to remove such encroachment, within 15 days of the receipt of the order, failing which due process of law, as contemplated under Section 83(3) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowment Act, 1987 (hereinafter referred to as 'the Act 30 of 1987'), for removal of the encroachment and possession would be taken. Similarly, the petitioner in W.P.No.15006 of 2025 was issued a notice dated 09.06.2025 informing him that he was in unauthorized occupation of Ac.
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.
Eviction orders relating to Inam lands must comply with prescribed procedures, specifically that only the RDO can conduct inquiries and issue eviction orders, as stated in the Andhra Pradesh Charitab....
Disputes regarding title over land belonging to charitable institutions must be addressed by the Endowments Tribunal, making writ petitions under Article 226 not maintainable.
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....
Ownership disputes regarding endowment property should be resolved by the Endowments Tribunal, not through writ proceedings under Article 226.
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.
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.
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