Kommalapati Rama Koteswara Rao vs The State Of Andhra Pradesh
2021 Latest Caselaw 4111 AP

       HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

            WRIT PETITION No.23745 of 2021

ORDER:

The petitioner claims to be the owner of an extent of

Ac.22.95 cents of land in Chodavaram Village, Kondepi Mandal,

Prakasam District. The 3rd and 4th respondents had filed

O.A.No.528 of 2020 before the Andhra Pradesh Endowments

Tribunal at Amaravathi under Section 83 of the Andhra Pradesh

Charitable and Hindu Religious Institutions and Endowments

Act, 1987 [for the short "the Act 1987"] seeking eviction of the

petitioner of land admeasuring Ac.1.55 cents in Sy.No.296/1 of

Chodavaram Village on the ground that the said land belongs to

the 4th respondent-trust and the petitioner is an encroacher of

the said land.

2. The petitioner has now approached this court for a

declaration that the proceedings in O.A.No.528/2020 are

without jurisdiction, on the ground that the petition would only

be maintainable under Section 83 of the Act 1987, whereas the

petitioner is the lawful owner of the property and as such

cannot be treated as an encroacher and consequently, the

petition itself would not be maintainable. The contention of the

petitioner is that there was an earlier round of litigation

culminating in the Judgment and decree of the Sub-Judge,

Kandukur in A.S.No.13 of 1987 dated 11.12.1996 wherein the

right and title of the petitioner was upheld by the appellate

court. It is further submitted that on the basis of this finding

the appellate court had also granted a permanent injunction

against the 4th respondent who was a party to the said litigation.

3. The question of whether the petitioner is an

encroacher or the absolute owner and possessor the aforesaid

Ac.1.55 cents is a question of fact which would be gone into by

the tribunal and it would not be appropriate for this court to

undertake that exercise.

4. In the circumstances, this writ petition is disposed

of, leaving it open to the petitioner to bring the said judgment

and decree of the Sub-Judge, Kandukur to the attention of the

Endowment Tribunal, Amaravati and upon such material being

placed before it, the Endowment Tribunal shall consider the

effect of the said judgment and decree. Needless to say, the

petitioner shall also be entitled to place any other records or

material to demonstrate his ownership and possession over the

said land and all such material shall taken into consideration by

the Endowments Tribunal before arriving a decision as to the

status of the petitioner in relation to the aforesaid Ac.1.55 cents

of land in Sy.No.296/1 of Chodavaram Village.

As a sequel, pending miscellaneous petitions, if any, shall

stand closed.

____________________________ R. RAGHUNANDAN RAO, J.

20.10.2021 Note:

CC in three days B/o BSM

HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

WRIT PETITION No.23745 of 2021

20.10.2021

Note:

CC in three days B/o BSM