DEEVI SRINIVASA CHARYULU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The above writ petition is filed seeking the following relief:

(2.) a) In the affidavit it was contended, interalia, that the petitioner and 50 others occupied the land in Sy.No.233 of an extent of Ac.15.38 cents. Petitioner has been in possession of 228 square yards. Petitioner and others formed an association, which was registered under the Societies Act under the name and style of 'Sri Lakshmi Narasimha Swamy Housing Society' (for short "the Society") vide No.90 of 1986 dtd. 17/4/1986. Representation was made on behalf of society to the Government as well as to the Endowments Department. The Endowments Department at District Level including respondent No.2 made proposals to the higher authorities to sell the property in favour of petitioner and others, in possession of respective extents.

(3.) Counter affidavit is filed by respondent No.3. It was contended, inter alia, that respondent No.3-Temple is the absolute owner of an extent of Ac.15-38 cents in Sy.No.233, Mangalagiri Town and Mandal, Guntur District, which was donated by Namburu Venkatappaiah and others for Akhandam (Akhanda Deepardadhana), Nitya Naivedyam etc. The petitioner herein is admitting title of the Temple over the schedule land. The petitioner's family occupied the land in an extent of 228 square yards in survey No.233 of Mangalagiri Town, Guntur District, belonging to Temple, as such petitioner has no subsisting right over the Temple land. Long possession of land belong to Endowments does not confer any right. Petitioner is encroacher under Sec. 83 of the Act. The Tribunal, after considering the facts of the case, passed eviction orders and directed the petitioner to pay Rs.3,000.00towards arrears of rent and petitioner failed to comply with the said order. Eventually, prayed to dismiss the writ petition.