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P. SREE SUDHA
A. S. Sridhar Reddy – Appellant
Versus
Assistant Commissioner – Respondent
JUDGMENT :
P. SREE SUDHA, J.
1. Parties in both the appeals are one and the same and they raise common issue. Therefore, with their consent, they are being disposed of by a common order.
2. These Civil Miscellaneous Appeals are filed aggrieved by the judgment and decree, dated 15.03.2019, passed in O.A. No. 125 of 2010 (Old O.A. No. 3/2003) by the Telangana Endowments Tribunal at Hyderabad.
3. The application vide O.A. No. 125 of 2010 was filed by the appellants in C.M.A. No. 680 of 2019 to declare the land covered by Sy. No. 47 having the extent of Ac. 32.31 guntas situated at Ammapally village of Shamshabad Mandal, Ranga Reddy District not as endowed property of 2nd respondent temple and it is the private and personal property of applicants and to delete the relevant entry in the Section 38 Registrar of the temple and to set aside the proceedings issued by the 1st respondent vide R.C. No. C/985/2002, dated 03.04.2002.
4. Heard both sides. Perused the record.
5. The parties herein are referred as ‘applicants’ and ‘respondents’ as arrayed before the trial Court for the sake of convenience.
6. The brief facts of the case are that the applicants are absolute owners and pattedars of the O.A.
The court ruled that the land in Sy. No. 47 is private property of the applicants, not endowed to the temple, overturning the tribunal's decision.
The Inams Abolition Act grants occupancy rights solely to charitable institutions, establishing that properties classified as endowment lands do not vest individual ownership rights.
Transfer of property belonging to a deity without notice to the Endowment Commissioner is illegal, and any ownership claims made through fraud are void.
Revenue records do not confer title; ownership must be established through valid documentation and historical possession.
The need for a fair consideration of evidence and the requirement for the Government to disclose crucial evidence in land dispute cases.
The judgment emphasizes the importance of adhering to principles of natural justice and providing a reasonable opportunity for the parties to present their case.
The Tribunal lacks jurisdiction to resolve title disputes over endowment properties, which must be adjudicated in civil courts.
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