Back
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
KIRANMAYEE MANDAVA
Shaik Mahaboob Peera S/o Meera Saheb – Appellant
Versus
State of Andhra Pradesh – Respondent
| 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, th
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
