LAWS(APH)-2021-2-80

VAKADA APPA RAO Vs. PRINCIPAL SECRETARY, ENDOWMENTS DEPARTMENT

Decided On February 01, 2021
Vakada Appa Rao Appellant
V/S
Principal Secretary, Endowments Department Respondents

JUDGEMENT

(1.) This writ petition in the nature of Public Interest Litigation has been filed seeking the following relief:

(2.) It is the case of the petitioner that respondent No.8 in order to occupy the property belonging to Mutcherla Vari Satram with the help of respondents No.6 and 7, constructed an iron sheet shed in the place of the said Satram, by removing old tiled house, and leased out 12 shops situated in the said Satram and has been collecting rents of Rs.90,000/- per month from the tenants. Further, it is the case of the petitioner that one Mutcherla Nagabhushanam, who is the owner of the subject property, donated the same to the said Satram and in spite of the same, the 8th respondent, who is the grandson of Mutcherla Nagabhushanam, encroached upon the said property and raised permanent structures.

(3.) Though the petitioner contends that the subject property was donated to the Satram by the owner-Mutcherla Nagabhushanam, there is no material available on record to show that the name of the said Satram was mutated in the revenue records as owner of the property. When asked by this Court whether there is any document to show the name of the said Satram being reflected as owner in the revenue records, the learned Counsel for the petitioner was not able to show the same. According to him, the name of the said Satram was shown in the revenue records at one point of time and subsequently, the same was changed but he could not even place any document to show that the name of Satram was reflected in the revenue records at any point of time.