LAWS(APH)-2023-7-121

SEELAM RAJASHREE Vs. STATE OF ANDHRA PRADESH

Decided On July 06, 2023
Seelam Rajashree Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

(2.) The averments, in brief, in the affidavit are that since 1997, petitioner and her husband are engaged in carrying on business of LPG gas distribution in the name of M/s. Subbaiah Gas Agency with its registered office at VUDA Complex, Visakhapatnam. 'No objection certificate' was obtained from Commissioner of Police and Additional District Magistrate, Visakhapatnam for construction of godown in an extent of 679.26 square meters in survey No.77/10A in Ravi Nagar, Naidu Thota, Pendurthi, Visakhapatnam. After obtaining approved plan from Municipal authorities, godown was constructed and business is being carried on. The license was renewed by Bharat Petroleum Corporation till 4/5/2027.

(3.) Counter affidavit was filed on behalf of respondent No.2. It was contended, inter alia, that respondent No.2- Devasthanam is a public religious institution published under Sec. 6(a)(ii) of Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act 30 of 1987. Vepagunta village was one of the endowed villages to respondent No.2-Devasthanam by Maharajahs, Vijayanagaram. After completion of enquiry under Sec. 3(3) of Inam Abolition Act (for short 'IA Act'), Mandal Revenue Officer, Pendurthi granted Ryotwari patta under Sec. 7(1) for an extent of Ac.145-00 cents in survey No.77 along with other survey numbers in AIA 52/77 with HA dtd. 29/5/1996, to respondent No.2. As per patta, issued by Mandal Revenue Officer, Pendurthi, respondent No.2- Devasthanam is absolute owner of land covered in survey No.77 of Vepagunta village. The decree in O.S.No.149 of 2015 does not bind respondent No.2 as R2 is not party to the suit. Petitioner filed O.S.No.1191 of 2015 on the file of VII Additional Senior Civil Judge, Visakhapatnam seeking perpetual injunction and the same was dismissed for default on 2/3/2022. The petitioner suppressed filing of suit O.S.No.1191 of 2015 and filed the above writ petition and prayed to dismiss the writ petition.