The entitlement of private individuals to land under long-term possession outweighs earlier ownership claims by religious institutions when supported by statutory schemes.

The Court made the following ORDER:

Heard Sri Kappera Koteswara Rao, Ld. Counsel for the Writ Petitioner, Ms. S. Pranathi, Ld. Standing Counsel for APCRDA and Sri Javvaji Sarath Chandra, Ld. Counsel for the Respondent Nos. 6 and 7.

2. The present Writ Petition is filed seeking the following relief:

“In the light of the above facts and circumstances, it is most respectfully prayed that this Hon’ble Court may be pleased to:

1. Issue a Writ of Mandamus or any other appropriate Writ, Order or Direction declaring the action of the Respondents 1 to 5, particularly the 2^nd to 4^th respondents, in unilaterally altering the title and registering the temple lands admeasuring Ac.6.44 cents in Survey No.161 of Thulluru Village and Mandal, Guntur District, in favour of the 6^th and 7^th respondents (private Individuals/archakas), without notice, or endorsement prior to the subject registrations, and the due process, as illegal, arbitrary, unconstitutional, and violative of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act , 1987 (Act 30 of 1987), particularly Sections 17, 29, 34, 38, 80, and 82, and also violative of Articles 14 and 300A of the Constitution of India;

2. Declare the registrations bearing Document Nos. 6602/2025, 6581/2025, 6601/2025, 6600/2025, 6593/2025, 6594/2025, 6597/2025, 6592/2025, 6603/2025, 6589/2025, 6590/2025, 6586/2025, 6595/2025, 6584/2025, 6587/2025, 6582/2025, 6598/2025, 6583/2025, 6588/2025, 6596/2025, and 6599/2025 executed in favour of the 6^th and 7^th respondents as null, void, inoperative and without legal authority;

3. Direct the respondents to forthwith cancel the aforementioned registrations in the name of the private individuals (respondents 6 and 7), and restore the entries in favour of the petitioner temple in all revenue and registration records, including RSR, Pattadar Passbooks, and Property Register under the control of the Endowments Department;

4. Direct the respondents to refrain from making any further alienation, transfer, or allotment of the subject lands belonging to the petitioner temple under the guise of the Land Pooling Scheme or any other scheme;

5. Issue appropriate directions to the CRDA to consider the petitioners representation dated 12.03.2025 for allotment of plots and lease benefits in accordance with law, treating the petitioner temple as the rightful owner of the subject lands;

6. Pass such other and further orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice.”

3. The facts as projected by the Writ Petitioner herein are that Sri Palnati Veerulu Devasthanam (herein after referred to as Devastanam) was founded and an extent of Ac.6.44 cents in Survey No.161, Tulluru Village and Mandal, Guntur District was gifted by the doners for the purpose of performing pooja to the Deity and maintenance of Devastanam; that this fact was recorded in RSR in Column No.14, Patta No.66 and the same was registered under Board Order No.1990 dated 18.04.1950 (Ex.P.4) under Section 38 of the Hindu Religious Act, 1927 (Madras Act 2 of 1927); that on 12.07.1960, the then Manager of Devastanam namely Sri Indurthi Abaddalu had acknowledged and recorded that the Archakas were cultivating Inam land and were rendering hereditary Archakatvam (priestly duties) in the Devastanam; that it was also noted in the remarks column of the relevant Register that the lands were in the custody of Archakas, however, it was specifically recorded that “No working Inams provided according to Temple Register”; that on or about 12.07.1960, Form-VIII Pattas were obtained from Inam Tahsildar by Indurthi Abaddalu; that th