Andhra Pradesh High Court - Amravati
Cochi Manorama, vs The State Of Andhra Pradesh, on 3 October, 2024
1
APHC010437812024
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: 22291/2024
Between:
Cochi Manorama, and Others ...PETITIONER(S)
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner(S):
1. BEJJAM NAGARAJU
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:
".....declaring the proceedings in Rc.No.M1/19027/7/2020, dated
03.02.2022 where under the 2nd respondent has not considered to direct the
3rd respondent to handover back half share admeasuring 87.37 ½ cents out
of Ac.174.75 cents in Survey numbers 13, 15, 17/2, 17/3 and 17/5 of Avilala
Village, Tirupati Mandal, Tirupati District to petitioners' family and to delete
the said lands from prohibitory list under Section 22-A(1)(c) of the
Registration Act, instead directing to approach Civil Court, which is confirmed
by the 1st respondent in Memo No.REV01-ENDW/154/2020-ENDT-II, dated
03.08.2023, and in not disposing the Review Petition filed on 28.10.2023
under section 94 of A.P. Charitable and Hindu Religious and Endowments
Act 30/87, being bad, illegal, discriminatory and violate of Article 14, 21 and
300-A of Constitution of India and consequentially to set aside the same and
to direct the respondents to hand over back the said lands to the petitioners'
family by directing to dispose the said Review pending by the 1st respondent
and to delete from the prohibitory list maintain under Section 22-A(1)(c) of
the Registration Act and to pass such other order or orders......"
2. Heard Mr.V.Venugopala Rao, learned Senior Counsel, appeared on
behalf of Mr.Bejjam Nagaraju, learned counsel for the petitioners,
Ms.P.Sudeepthi, learned Assistant Government Pleader for Endowments,
appearing for the respondents 1 and 2 and Mr.T.V.S.Kumar, learned Standing
Counsel, appearing for the 3rd respondent.
3. Though the petitioners made several allegations against the
respondents, during hearing, learned counsel for the petitioners limited his
request to dispose of the review petition under Section 94 of Act 30 of 1987,
dated 28.10.2023 submitted by the petitioners before the 1st respondent,
without touching the merits of the case.
4. On the other hand, learned Assistant Government Pleader for
Endowments, appearing for the respondents 1 and 2, readily agreed to
dispose of the said review petition submitted by the petitioners, if any, pending
with the respondent-authorities.
5. In view of the submission of the learned Assistant Government Pleader
for Endowments, I need not decide the truth or otherwise of the allegations
made in the petition. This Court is conscious that no such direction be issued,
in view of the Judgment of the Honourable Apex Court in "The Government
of India v. P.Venkatesh1", wherein the Honourable Apex Court held that such
orders may make for a quick or easy disposal of cases in overburdened
adjudicatory institutions. But, they do no service to the cause of justice.
Hence, I find no other alternative except to issue such direction.
6. In the result, the Writ Petition is disposed of, directing the
1st respondent to dispose of the review petition dated 28.10.2023 submitted by
the petitioners as expeditiously as possible, preferably within a period of four
(04) months from the date of receipt of a copy of this order. There shall be no
order as to costs.
7. As a sequel, miscellaneous applications pending, if any, shall stand
closed.
_________________________
DR. K. MANMADHA RAO, J.
ARR
2019 (8) SCALE 544
HON'BLE DR.JUSTICE K.MANMADHA RAO
Writ Petition No.22291 of 2024
Date: 03.10.2024
ARR
