VENUGOPALASWAMY TEMPLE Vs. KATLAKONDA GOPALA REDDY

JUDGEMENT

(1.) This Civil Revision Petition is filed by Shri Venugopala Swamy Temple, Thetta, represented by its person-in-management, Venugopala Swamy Temple, C/o. Office of the Prasanna Venkataramana Swamy Temple, Madanapalle, Chittoor District, the land-lord as against the Order dated 08-07-2002 made in I.A.No. 40 of 2002 in A.T.C.No. 2 of 2002 on the file of Principal Junior Civil Judge-Cum-Special Officer under the A.P.(A.A-) Tenancy Act, 1956, Madanapalle, Chittoor District.

(2.) The respondent claiming to be the tenant filed I.A.No.40 of 2002 in A.T.C.No.2of 2002 on the file of Principal Junior Civil Judge- Cum-Special Officer under the A.P.(A.A.)Tenancy Act, 1956, Madanapalle, Chittoor District under Rule 19(2) of A.P.Tenancy Rules, 1980 praying for temporary injunction restraining the respondent-temple-revision petitioner herein from interfering with his tenancy rights by way of proposed sale in public auction or otherwise till the disposal of the main tenancy petition. Learned Principal Junior Civil Judge-Cum-Special Officer for Tenancy, Madanapalle, after recording the reasons in detail, had allowed the said application granting temporary injunction. Aggrieved by the same, Sree Venugopala Swamy Temple (for brevity, 'the temple') had preferred the present C.R.P.

(3.) Sri R. Radhakrishna Reddy, learned counsel representing the respondent who claims that the tenancy is subsisting even as on to-day raised a preliminary objection that this C.R.P. under Article 227 of the Constitution of India itself is not maintainable in view of the fact that as against the said order, remedy of appeal is provided forunder Section 16(2} of A.P.(Andhra Area) Tenancy Act, 1956 (for brevity, 'the Act'). The learned counsel also contended that on being satisfied that the respondent in the revision petition is entitled for temporary injunction, the relief was granted by the Tenancy Tribunal and even in view of the change of law at any rate without following the procedure under the A.P.Charitable and Hindu Religious Institutions & Endowments Lease of Agricultural Land Rules, 2002, forcible dispossession cannot be resorted to.