APHC010482232014 IN THE HIGH COURT OF ANDHRA PRADESH [3329]

AT AMARAVATI (Special Original Jurisdiction)

TUESDAY,THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8824/2014 Between:

1. S MT.K.KAUSALYA, W/O. LATE SRI K.KRISHNA REDDY, OCCUPATION: HOUSE WIFE, R/O. D.NO.36/226-20 (EARLIER 1/226-C), SRI SRINIVASANAGAR, CHINNA CHOWK, WARD NO.36, KADAPA TOWN & DISTRICT.

...PETITIONER AND

1. T HE GOVERNMENT OF ANDHRA PRADESH, REPRESENTED BY THE DISTRICT COLLECTOR, YSR KADAPA DISTRICT, KADAPA TOWN & DISTRICT.

2. T HE GOVERNMENT OF ANDHRA PRADESH, REPRESENTED BY THE COMMISSIONER OF ENDOWMENTS DEPARTMENT, HYDERABAD.

3. T HE GOVERNMENT OF ANDHRA PRADESH, REPRESENTED BY THE ASSISTANT COMMISSIONER OF ENDOWMENTS DEPARTMENT, YSR KADAPA DISTRICT.

4. T HE SUBREGISTRAR, KADAPA (URBAN), Y.S.R.

KADAPA DISTRICT.

...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order or direction more appropriately a Writ of Mandamus declaring that the action of the 2nd respondent in issuing Lr.In Rc.No.NN1/34576/2007 Dated: 05-05-2009 including house property bearing D.No. 36/226-20 (Earlier 1/226-C) in 3 cents of land which is part of Ac. 1.73 cents in Survey No.687/2 of Srinivasanagar, China Chowk Gram Panchayat now in ward No.36 of Kadapa Municipal Corporation as illegal, arbitrary, unconstitutional, and to pass Counsel for the Petitioner: 1. K VIJAYAKUMAR REDDY Counsel for the Respondent(S):

1. GP FOR REVENUE

2. GP FOR ENDOWMENTS HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.8824 of 2014 This Court made the following

ORDER:

None appeared for the petitioner on the last three occasions i.e., on 30.07.2024, 06.08.2024 and 06.02.2026. Even today also there is no representation on behalf of the petitioner.

2. The grievance of the petitioner herein is that issuance of letter dated 05.05.2009 issued by the 2^nd respondent prohibiting the properties situated in Sy.No.687/2 of Srinivasnagar, China Chowk Gram Panchayat of Kadapa Municipal Corporation from the registration under Section 22A (1)(c) of the Registration (A.P.

Amendments) Act, 2007 was under challenge.

3. On the other hand, learned Standing Counsel for Respondent No.3 filed counter-affidavit, on behalf of Respondent No.3 inter-alia contending as under:

“6. I submit that the Full Bench of Hon’ble High Court of A.P in Vinjamuri Raja Gopalachari and Others vs. State of A.P (2016 ALT (Rev.) 41 (F.B) clearly held that once the property entered in the register prescribed, it is prima facie proved that it is “owned” by religious and charitable Endowments and if such property is included in the lsit of properties communicated to the Registrar concerned, clearly indicating therein that it is covered by clause (c) of Sub-section (1) of Section 22-A and it is owned by particular institution / Endowment, no document presented for registration dealing with such property can be registered by the registering authorities. The aggrieved party in that event, shall have to resort to have a remedy that may be available under the Endowments Act. The Revenue and Endowments Records clearly shows that the property belongs to the institution.

7. I submit that the averments of the petitioner that her husband purchased an extent of 3.00 cents of land out of Ac.1.73 cents in Sy.No.687/2 situated in Mutrasupalli Village in Chinna Chowk Gram Panchayat limits from Sri M. Damodar Rao vide registered document No.1265/283/6569/1986 dated 29.09.1986 in the office of the Sub-Registrar, Kadapa. Sri Damodar Rao in turn purchased this property in 1973 vide registered document No.821/182/5655/1973 from Sri Kadasani Narasimha Reddy. Later her husband obtained loan from BSNL and constructed the house after obtaining permission of Chinna Chowk Gram Panchayat in 1987. The construction of the house was completed in the year 1989. Later he