Bhaskarla Venkata Bala Krishna, vs The State Of Andhra Pradesh
2024 Latest Caselaw 9145 AP

Citation : 2024 Latest Caselaw 9145 AP
Judgement Date : 3 October, 2024

Andhra Pradesh High Court - Amravati

Bhaskarla Venkata Bala Krishna, vs The State Of Andhra Pradesh on 3 October, 2024

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 APHC010434812024
                      IN THE HIGH COURT OF ANDHRA PRADESH
                                    AT AMARAVATI                                      [3310]
                             (Special Original Jurisdiction)

                    THURSDAY ,THE THIRD DAY OF OCTOBER
                      TWO THOUSAND AND TWENTY FOUR

                                        PRESENT

            THE HONOURABLE DR JUSTICE K MANMADHA RAO

                         WRIT PETITION NO: 22115/2024

Between:

Bhaskarla Venkata Bala Krishna,                                            ...PETITIONER

                                           AND

The State Of Andhra Pradesh and Others                               ...RESPONDENT(S)

Counsel for the Petitioner:

   1. VELADI SAI SRI HARSHA

Counsel for the Respondent(S):

   1. GP FOR ENDOWMENTS

The Court made the following:

ORDER:

The Writ Petition is filed under Article 226 of the Constitution of India,

seeking the following relief:

".....to declare the action of the Respondent no.4 in issuing impugned notice dated 03.09.2024 without following due procedure of law and further threatening the petitioner to vacate the land as arbitrary, illegal and contrary to law and consequently direct the respondents not to dispossess the petitioner over the land to an extent of Ac.0.15 Cents situated at R.S.No.522/3 of Nandigama Town and Mandal, NTR district in the interest of justice."

2. The case of the petitioner is that the petitioner is the owner of the land

to an extent of Ac.0.15 cents in R.S.No.522/3 of Nandigama Town and

Mandal, having purchased the same in the year 2014 through a registered

sale deed vide Document No.12057 of 2014, dated 20.10.2014 from one Sri

Chevendra Rajasekhara Sarma and since then he has been in possession

and enjoyment of the same by paying the taxes to the Municipal authorities.

While so, in the year 2023, the respondent authorities tried to interfere

highhandedly with his possession, aggrieved by the same, the petitioner has

filed W.P.No.14703 of 2023 before this Court, wherein this Court disposed of

the said writ petition with a direction to the petitioner to approach the

Endowments Tribunal. Aggrieved by the same, the petitioner preferred writ

appeal vide W.A.No.839 of 2023, wherein the Division Bench of this Court

observed that since the respondent authorities did not follow the due

procedure of law, this Court granted status quo on spot till the competent

authority issues notice.

3. While the matter stood thus, without serving a notice on the petitioner

as per the direction of this Court in W.A.No.839 of 2023, on 03.09.2024 the 4th

respondent pasted a notice to the wall of the said property and directed the

petitioner to submit explanation, failing which, appropriate action will be taken

by the 4th respondent and further threatened to take forceful possession of the

said land. Further stated that even as per the report of the 3rd respondent

dated 23.04.2021, the said land is not a part of temple land and as per the

entries of RSR, the land in question is a gramakantam land, but not temple

land, as such, the 4th respondent has no right to issue any notice to the

petitioner. Hence the writ petition.

4. Heard Mr.V.Sai Sri Harsha, learned counsel for the petitioner and

Ms.P.Sudeepthi, learned Assistant Government Pleader for Endowments,

appearing for the respondents 1 to 3.

5. Perused the material on record.

6. On perusal of the judgment in W.A.No.839 of 2023, the Division Bench

of this Court held at para 11, which reads as under:

"Be that as it may, while we do not find any merit in the present appeal and are of the opinion that the remedy of the parties would be before the concerned Tribunal which has been constituted by the Government in terms of Section 162 of the Act of 1987, which can exercise the powers which are otherwise vested in it under Section 87 of the said Act, as amended/ substituted by the Ordinance bearing No.5/2023 dated 23.06.2023. However, till such time as the competent authority issues a notice in terms of newly substituted Section 83(2) of the Act of 1987, status quo be maintained on spot."

7. As per the above judgment, status quo was granted and the

respondents are constrained to issue a notice under Section under Section

83(2) of Act 30 of 1987. Accordingly, the 4th respondent has issued statutory

notice under the said Act and directed the petitioner to submit his explanation

within seven days from the date of receipt of the notice along with the

documentary evidence, if any, failing which, appropriate action will be taken as

per the provisions of Section 83 of the Andhra Pradesh Charitable and Hindu

Religious Institutions and Endowments Act 30 of 1987.

8. On hearing, learned counsel for the petitioner has submitted that the

respondents without serving any notice on the petitioner, affixed the notice on

the compound wall of the property to an extent of Ac.0.15 cents in

R.S.No.522/3 of Nandigama Town and Mandal. But as seen from the cause