JONNAKUTI ALIVALAMMA Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner is a cultivating tenant of land measuring Acs. 2.22 cents situated in Sy. No. 189/2 of Athmakur Village, Mangalagiri Mandal, Guntur District, belonging to Sri Laxminarasimhaswamy Temple, Mangalagiri. She has been found to be "landless poor person" for the purpose of Section 82 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 vide proceedings, dated 6.11.2003 in Rc. No. A5/6014/2003 of the Assistant Commissioner, Endowments Department, Guntur. She submitted an application, dated 2.9.2002 expressing her desire to purchase the said land as per the provisions of Section 82(2) of the Act The said application was forwarded to the Deputy Commissioner for approval. The Deputy Commissioner called for the proposals from the Executive Officer vide orders, dated 19.9.2002 in that regard. In the meanwhile, Notice under Rule 5(2) of Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Lease of Agricultural Land Rules, 2003 was issued calling for her option to continue as tenant or to purchase the land in terms of Section 82 of the Act. The petitioner states that she exercised the option for purchasing the land and accordingly submitted a representation, dated 15.2.2004. No final decision appears to have been taken in that regard. In the meanwhile, the State Government, the 1st respondent herein, issued proceedings in G.O. Ms. No. 519, Revenue (Endowments-IV) Department, dated 3.8.2004 deciding to acquire the land to provide house sites to the needy people of an association, subject, however, to the condition of the Collector depositing market value of the land in the temple account before issue of house site pattas. This writ petition is filed assailing the said G.O. with a further prayer to direct the respondents to sell the land in her favour in pursuance of the Notice, dated 4.2.2004. Heard Sri B. Sashibhushan Rao, representing Sri N. Gurugopal, learned Counsel for the petitioner, learned Government Pleader for Endowments, appearing for respondent Nos. 1 to 3 and Sri V.T.M. Prasad, learned Standing Counsel for respondent No. 4.

(2.) The impugned order of the State Government is challenged on the ground that the State Government is not authorized to acquire the land by issuing an executive order. According to the petitioner, if at all the land is required for any public purpose, the same has to be acquired only under the provisions of the Land Acquisition Act, but not otherwise.

(3.) The learned Government Pleader would, on the other hand, contend that proposal to acquire the land is mooted in public interest. According to him, the land is required to provide house sites to the needy people of Mangalagiri Manila Sankshema Sangham, which is a public purpose and there is nothing illegal in taking the land on payment of market value to the temple.