Nalla Durga Prasad Alias Durga Rao vs Sri Umagouriswara Swamyvari ...
2022 Latest Caselaw 9653 AP

     IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI

HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE
                                     &
              HON'BLE MR. JUSTICE NINALA JAYASURYA

                   WRIT APPEAL No.884 OF 2007
                      (Through physical mode)

Nalla Durga Prasad Alias Durga Rao,
S/o Laxminarayana, Age: 31 years,
Occ: Cultivation, R/o Uttrumilli Village,
Ramachandrapuram Mandal,
East Godavari District, and others.
                                                    .. Appellants
                                 Versus
Sri Umagouriswara Swamyvari Temple,
Uttrumilli village, Ramachandrapuram
Mandal, East Godavari District represented
by its Person-in-Management/Executive Officer,
and others.
                                                   ...Respondents
                                   ***

ORAL JUDGMENT Dt:15.12.2022

(per Prashant Kumar Mishra, CJ)

1. This writ appeal would call in question the order dated

10.07.2007 passed by learned single Judge dismissing W.P.No.18347

of 2006.

2. The appellants/writ petitioners filed the above writ petition

challenging the action of the 1st respondent in handing over possession

of the schedule land admeasuring Ac.4.36 cents in Sy.No.25 situated in HCJ & NJS, J

Utrumilli Village, Ramachandrapuram Mandal, East Godavari District to

the 2nd respondent under the guise of sale transaction or acquisition.

3. The facts briefly stated in the writ petition are that Ac.6.36 cents

of land situated in Sy.Nos.24 and 25 of Utrumilli village,

Ramachandrapuram Mandal belonging to the 1st respondent-temple

had been leased out to the cultivating tenants, and in the year 1998,

the Endowments Department proposed to alienate a part of the said

land to an extent of Ac.4.36 cents, however, on the objections raised

by the villagers, the said proposal was dropped. Subsequently, it came

to light that the said land was sold to Revenue Department for

assigning the land as house sites to landless poor under Indiramma

Programme. While attempts were being made to take over physical

possession of the lands in question, a writ petition bearing

W.P.No.10547 of 2006 was filed by A.P. Archaka Samakya challenging

similar alienations/acquisitions of the temple lands all over the State. A

Division Bench of this Court granted interim stay of all further

proceedings in relation to the acquisition of lands belonging to the

temple all over the State. However, the 1st respondent claimed that

the land in question has already been taken over by the Revenue

Department for distribution of house sites.

4. Before the writ Court, a counter had been filed stating that the

land in question was originally leased out to the cultivating tenants, HCJ & NJS, J

however, even after expiry of the original tenant, the land continued to

be in the occupation of some strangers, who claimed to be the legal

heirs of the original tenant, and notification under Section 4(1) of the

Land Acquisition Act was issued on 25.05.1996 for acquisition of the

subject land. Challenging the said notification, one Sathemma filed

W.P.No.6175 of 1996, which was disposed of by this Court with a

direction to consider the objections raised by the petitioner therein and

thereafter, enquiry was conducted, but the petitioner therein had not

submitted any objections and in the meantime, the Revenue

Department deposited a sum of Rs.2,59,280/- towards 80% of the

compensation on 15.03.1996 and even thereafter, possession of the

land remained with the 1st respondent temple. Meanwhile, Statutory

Rules were made vide G.O.Ms.No.379, dated 11.03.2003 regulating

leases of agricultural lands under Act 30 of 1987. In terms of the said

Rules, a notice was issued to the tenant calling upon to hand over the

possession of land in question within 30 days. Having received the

said notice, the tenant made a request to grant lease hold rights for

another three years. The request of the tenant was considered subject

to the condition that the land would be handed over to the Revenue

Department as and when required. Subsequently, Sathemma died in

the year 2004. Her legal heirs continued in possession without valid

lease. In the meantime, the possession of the land was handed over HCJ & NJS, J

to the Mandal Surveyor on 16.12.2005, after following due process of

law.

5. From the order under appeal, it appears that at the relevant

point of time, the tenant filed W.P.No.7001 of 1999 challenging the

acquisition proceedings and the said writ petition was dismissed by

order dated 11.08.2004. The present appellants/writ petitioners are

devotees of the 1st respondent-temple and they are seeking to restrain

the 1st respondent from handing over possession of the subject land to

the Government.

6. In the course of hearing today, it was informed that 80% of the

compensation has already been deposited on 15.03.1996 and the

subject land has already been handed over to the Revenue Department

and a part of it has already been utilized for construction of houses for

landless poor under the Government schemes.

7. In the above circumstances, the cause for filing this writ appeal

has been rendered infructuous.

8. Accordingly, this Writ Appeal is dismissed as infructuous. No

costs. Interim stay granted by this Court shall stand vacated. All the

pending miscellaneous applications shall stand closed.

PRASHANT KUMAR MISHRA, CJ NINALA JAYASURYA, J Nn HCJ & NJS, J

HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE & HON'BLE MR. JUSTICE NINALA JAYASURYA

W.A.No.884 of 2007

(per Prashant Kumar Mishra, CJ)

Dt:15.12.2022

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