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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
KIRANMAYEE MANDAVA, J.
Shaik Mahaboob Peera S/o Meera Saheb – Appellant
Versus
The State of Andhra Pradesh – Respondent
Writ Petition Nos. 28742, 30117 of 2024, Writ Petition Nos. 14152, 17283, 20701 of 2025
Decided On : 04-09-2025
| Table of Content |
|---|
| 1. jurisdiction and authority in eviction orders. (Para 1 , 2) |
| 2. requirements for eviction of unauthorized occupants. (Para 3 , 4) |
| 3. consistency with previous court orders. (Para 5) |
| 4. outcome based on prior case precedent. (Para 6) |
| 5. closure of all pending applications. (Para 7) |
ORDER :
1. Heard the learned counsel for the petitioners, the learned Assistant Government Pleader for Endowments and the learned Standing Counsel for Endowments appearing for the respondents.
2. Since the issues involved in the above Writ Petitions are one and the same, it is appropriate to dispose of the cases by way of a ‘Common Order’.
3. These Writ Petitions are filed challenging the impugned orders of the 4th respondent passed under Section 83 (2) of Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (in short herein after referred as ‘the Act’).
4. It is contended that the subject lands are Inam lands. Under the provisions of Section 77 of the Act, in case of Inam lands, it is the RDO, who has to conduct enquiry and pass orders for eviction of the unauthorized occupants, and resume the land. Thus, it is contended that in the light of the said provisions, the notice issued under Section 83 of the Act is not sustainable.
5. Both the learned counsel submit that the issue involved in all the cases is covered by the order passed by this Court in W.P.Nos.15005 & 15006 of 2025, dated 21.08.2025, thus prays for passing of the same order in the present case(s).
6. Accordingly, these Writ Petitions are disposed of, in terms of the orders passed by this Court in W.P.Nos.15005 & 15006 of 2025, dated 21.08.2025. There shall be no order as to costs.
7. Registry is directed to append a copy of the order in W.P.Nos.15005 & 15006 of 2025, dated 21.08.2025 to this order.
As a sequel, all pending miscellaneous applications shall stand closed.
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....
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.
Disputes regarding title over land belonging to charitable institutions must be addressed by the Endowments Tribunal, making writ petitions under Article 226 not maintainable.
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