BOMMU RAGHURAMI REDDY Vs. SPECIAL DEPUTY COLLECTOR

JUDGEMENT

(1.) This is an appeal filed under Section 96 C.P.C questioning the judgment and decree dated 17.08.1998 of the Senior Civil Judge, Rajampet in L.A.O.P.No.2115 of 1988.

(2.) Undisputed and admitted facts are that the appellants herein are the descendents and legal heirs of one late Bommu Veera Reddy who was the paternal grand father of claimants 1 to 3. Appellant No.4 is the legal representative of appellant No.1. The appellants are the claimants 1 to 3 and 5 before the trial court and the respondent No.4 was the rival claimant staking a claim for the compensation awarded for the acquired land over an extent of Ac.1.87 cents in Sy.No.812 of Angamarajupalli Village of B.Mattam Mandal, Kadapa District. The land in Sy.No.812 admeasuring Ac.1.87 cents was acquired for the purpose of Telugu Ganga project and on account of rival claimants, the amount was deposited by the Land Acquisition Officer in the civil court and the matter was referred to the civil court to determine the entitlement and apportionment. As on the date of acquisition, a compound wall was constructed 'encompassing' the land and there exists certain structures. As per the evidence on record, in the acquired land one Narayanareddy, Bommu Chinnaveera Reddy were buried and their samadies were constructed. Some of the other ancestors of the appellants were also came to be buried from time to time and Samadies were being constructed. On account of belief that the deceased late Sri Narayanareddy was saintly man and greatly revered by people in the locality and area used to pay their respects and over a period of time when the place has acquired some importance and Poojas were being performed in the precincts. In addition that idols of 'Nagadevatha' were installed under the 'Ragi tree' and certain times 'Bajana Sessions' were being conducted and yearly 'Utsavas' were being conducted. In course of time, the place came to be known as Narayanareddy Swamy Mutt. The entry into the premises was not restricted and all castes and community people were allowed into the premises and pay their respects. There were also certain articles and structures which came into existence on account of donations given by the people who were visiting the Mutt. Appellants claim that they being the legal heirs of late Bommu Veera Reddy who undisputedly and admittedly is the owner of land and the land in premises. Notwithstanding the fact that there being free access to others to pay homage by others the place is still a private estate and a private Mutt and as such they are entitled to receive the compensation awarded in the land acquisition proceedings. On the other hand, the 4th claimant/2nd respondent, the Endowment Department claimed that the Mutt having been endowed in memory of late Narayanareddy Swamy and being allowed to be used as a place of public worship and further being improved on account of public donations the place as acquired the character of a public temple and as per the Andhra Pradesh Charitable & Hindu Religious Institutions & Endowments Act,1987, the right to claim and receive compensation vests with them.

(3.) The trial court after examining the rival claims and after taking into consideration of the evidence had held that the Endowment Department is entitled to receive the compensation. The appellants being the legal heirs of the original claimants filed the present appeal challenging the judgment and decree dated 17.08.1998 of the Senior Civil Judge, Rajampet in L.A.O.P.No.2115 of 1988.