SIDDARTHA ACADEMY OF GENERAL AND TECHNICAL EDUCATION SIDDARTHANAGAR Vs. SECRETARY TO GOVT REVENUE ENDOWMENTS GOVT OF A P

JUDGEMENT

(1.) Sri Durga Malleswara Swamy Vari Devasthanam at Vijayawada (for short 'the Devasthanam') is one of the ancient and most important shrines in the State of Andhra Pradesh. As in the case of any other important religious institutions, the Devasthanam is endowed with vast extent of movable and immovable properties. Two such items are Ac.8.22 cents in R.S. No. 76 of Mogalrajpuram, Vijayawada Town (first bit) and Ac.5.98 cents in R.S. No. 17 of Patamata, Vijayawada Town (second bit), (for short 'the lands). The lands were under lease in favour of certain individuals. The provisions of the A.P (Andhra Area) Tenancy Act were being applied to the lands held by religious institutions also, in case they were given on lease.

(2.) The income from the lands towards lease or maktha was megre. The Devasthanam was finding it difficult to evict the tenants. At that stage, the petitioner herein, an educational society, stepped in. It appears that the petitioner negotiated and made efforts for eviction of the then tenants with the consent of the Devasthanam and to get the lands leased in its favour.

(3.) Various aspects relating to the religious institutions were governed by the provisions of the Madras Hindu Religious and Charitable Endowments Act, 1951 (for short 'the 1951 Act'), till it was repealed through A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1966 (for short 'the 1966 Act'). According to the relevant provisions of the 1951 Act and the Rules made under that Act, in exercise of power under Section 102 thereof (for short 'the Rules'), permission of the Government was necessary, and certain restrictions were imposed for grant of leases beyond three years. Though the 1951 Act was repealed through the 1966 Act, no corresponding Rules were framed under the 1966 Act, particularly in relation to administration of immovable properties. By operation of Sub-section (2) of Section 100 of the 1966 Act, the Rules made under the 1951 Act, to the extent they are not inconsistent, are treated as if they are made under 1966 Act.