Citation : 2022 Latest Caselaw 901 Tel
Judgement Date : 24 February, 2022
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT APPEAL No.1243 OF 2009
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of the order dated
18.03.2009
passed by the learned Single Judge in W.P.No.10606 of 2006.
The undisputed facts of the case reveal that the property
situated in Survey No.119 of M.Anantharam Village, Bibi Nagar
Mandal, Nalgonda District, is an endowment property. However,
the appellants/writ petitioners preferred the writ petition
claiming that they are legal heirs of one late Mahadev
Seetharamulu and it was an inam land. Another important
aspect of the case is that Occupancy Right Certificate (ORC) was
also issued in 1997 in favour of Sri Anjaneyaswamy Temple
under the provisions of A.P. (Telangana Area) Abolition of Inams
Act, 1955. An appeal was also preferred by the appellants/writ
petitioners and the same was dismissed.
The fact remains that the subject property finds place in
the endowments register prepared under the Andhra Pradesh
Charitable and Hindu Religious Institutions and Endowments
Act (for short "the Act") and therefore, the learned Single Judge
was justified in granting liberty to the appellants/writ
petitioners to initiate proceedings under Section 87 of the Act.
This Court does not find any reason to interfere with the order
passed by the learned Single Judge, as a liberty has already
been granted to approach the Endowments Tribunal.
Resultantly, the writ appeal stands disposed of.
Pending miscellaneous applications, if any, shall stand
closed. There shall be no order as to costs.
________________________ SATISH CHANDRA SHARMA, CJ
_______________________ ABHINAND KUMAR SHAVILI, J
24.02.2022 JSU
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