LAWS(APH)-2021-7-41

LAGADAPATI NARAYANASWAMY Vs. STATE OF ANDHRA PRADESH

Decided On July 05, 2021
Lagadapati Narayanaswamy Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) The petitioner is a lessee of the 3rd respondent-temple, over Ac.3.43 cents of land in R.S.No.472 of Vellaturu Village, Bollapalli Mandal, Guntur District, for the past few decades. He had earlier been declared as landless Poor Person in accordance with The Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short "the Act) and The Andhra Pradesh Charitable and Hindu Religious Institution Endowments Lease of Agricultural Lands Rules, 2003 (for short "the Rules") by way of proceedings in R.C.No.B1/11440/2003, dated 19.09.2003, issued by the 2nd respondent. Thereafter, in the course of review of the said status, the petitioner was again called upon for an enquiry. After the said enquiry, the 2nd respondent by proceedings vide R.C.No.B1/3248/2021-3, dated 18.06.2021, had cancelled the status of the petitioner as landless poor person on the ground that the income certificate produced by the petitioner showed that the income from all sources is Rs.60,000/- per annum, which was in excess of the income limit of Rs.1,000/- per month or Rs.12,000/- per annum, fixed under Section 82 of the Act. It was also held that the petitioner was cultivating Ac.2.88 cents in various survey numbers in the said village which was in his name in the revenue records apart from cultivating the Ac.3.43 cents of land as the lessee of the 3rd respondent temple.

(2.) Aggrieved by the said proceedings vide R.C.No.B1/3248/2021-3, dated 18.06.202, the petitioner has approached this Court.

(3.) Sri Kambhampati Ramesh, learned counsel for the petitioner would submit that the said order suffers from two infirmities.