ORDER:

The petitioners claim to be the purchaser of Ac.45.40 cents of land in Sy.No.315 of Tummarakota Village, Rentachintala Mandal, Guntur District, from one Sri Sarveswarudu Roman Catholic Church, which had been given an Inam of the said land on 08.12.1860, by the then Inam Commissioner, on behalf of the Governor, Council of Madras Province and the same was confirmed in perpetuity on 24.09.1861. This land had become the absolute property of the Church, upon the passing of the Andhra Pradesh (Andhra Area) Inams (Abolition And Conversion into Ryotwari) Act, 1956, and ryotwari patta TD No.2317/Ryoth Patta No.2395 in Case No.1389/59 was also issued to the Church. Thereafter, this land had been sold under various documents to th the petitioners in the year 1995. When the 6 petitioner applied for a th market value certificate, he was informed by the 7 respondent that by rd proceedings of the 3 respondent in Lr.No.Rc.No.M2/9577/2016, dated 08.06.2016, the said land had been included in the list of prohibited lands under Section 22-A of the Registration Act, on the ground that the said land is endowment property.

Aggrieved by the said declaration, the petitioners have approached this Court.

Smt. T.V. Sridevi, learned counsel for the petitioners submits that the Revenue Divisional Officer, Narasaraopet, upon an application made under the RTI Act, had certified that the said land had belonged to the Church and was ryotwari land.

The learned Government Pleader for Revenue had also produced the instructions given by the Tahsildar, Rentachintala, dated 01.12.2020. In these instructions, it is stated that the land was classified as Inam Dry (the Manager for the time being of Sri Sarveswarudu and Roman Catholic Church) and that an application had been given on 31.12.2019 to the Tahsildar, Rentachintala Mandal with a request to delete the lands from the list of prohibited properties under Section 22-A of the Registration Act.

rd The 3 respondent Commissioner, Endowments Department, by letter dated 08.06.2016, had forwarded a list of properties which should be placed under the prohibitory list under Section 22-A of the Registration Act on the ground that the said properties belong to endowment institutions. The land admeasuring Ac.45.40 cents in Sy.No.315 was also included in this list. The name of the holder in this list is shown to be “Sri Sarveswarudu and Roman Catholic Church”.

The Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 applies only to Charitable and Hindu Religious Institutions and temples. It does not extend to any of the churches following the Christian faith. In the circumstances, it is clear that the said property cannot be treated as endowment property. As such, the said property cannot be included in the prohibitory list under Section 22-A of the Act.

Accordingly, this writ petition is allowed setting aside that part of rd the impugned order of the 3 respondent dated 08.06.2016, which directed the inclusion of Ac.45.40 cents of land in Sy.No.315 of Tummarakota Village, Rentachintala Mandal, Guntur District, in the prohibitory list maintained by the Registration and Stamps Department, with a further direction to the 7th respondent not to refuse registration of any of the properties in the aforesaid Ac.45.40 cents of land on the ground that the said land is included in the prohibitory list under Section 22-A of the Registration Act. There shall be no order as to costs.

As a sequel, pending miscellaneous petitions, if any, shall stand closed.

_________________________ R. RAGHUNANDAN RAO, J.

th

17 March, 2021 Js.

HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO th

17 March, 2021 Js.