MANASA TRUST Vs. NADIMPILLI SATYANARAYANA RAJU

JUDGEMENT

(1.) This writ appeal is filed by the Sri Manasa Trust, Vijayanagaram being aggrieved by the order of the learned Single Judge dated 28-1-1997 made in W.P. No.8506 of 1995.

(2.) The above writ petition was filed by the 1st respondent herein praying for a Mandamus restraining the appellant herein and the Commissioner of Endowments from dispossessing him from the schedule lands except by due course of law as provided in the Andhra Pradesh (Andhra Area) Tenancy Act, 1956 (for short Tenancy Act') and for a consequential direction to the appellant herein not to hold any auction of the lease hold rights of the petition schedule lands.

(3.) The learned Single Judge placing reliance on the judgments of this Court in A. Hqnuma Reddy and others v. Pushpagiri Mutt (1970 A.P. High Court Notes 30 (D.B.)), Sanadhi Narayana v. State of A.P. (1990 (1) ALT 237 (D.B.)), Rimmalapudi Ramachandra Rao Chowdury v. Sri Venugopalaswamywari Temple (W.P. No.15925/88 dated 24-9-1996) and Nalli Sanyasi Naidu and another v. Maharaj Alka Narayana Society (W.P. No.8640/89 dated 20-12-1996), wherein it was held that the provisions of Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short the 'Act') have no overriding effect, allowed the writ petition as prayed for. Hence this writ appeal by the aggrieved 2nd respondent Trust.