YALLA BABU RAO Vs. THE COMMISSIONER OF ENDOWMENTS

JUDGEMENT

(1.) THIS writ petition, filed under Article 226 of the Constitution of India, assails the order dated 17.12.2008 passed by the Regional Joint Commissioner of Endowments, the 2nd respondent herein, in Appeal No. 268 of 2007 as being arbitrary, illegal and violative of Articles 14 and 21 of the Constitution of India.

(2.) CLAIMING to be a cultivating tenant in respect of the dry land admeasuring Ac. 4.14 cents situated in Sy. No. 565 of Dowleswaram Village, Rajahmundry Rural Mandal, East Godavari District, belonging to the 4th respondent -temple, the 1st petitioner filed an application before the Assistant Commissioner of Endowments, Rajahmundry, East Godavari District, the 3rd respondent herein, seeking to recognise him as a landless poor person under the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Lease of Agricultural Lands Rules, 2003 (for short the Rules) and the 3rd respondent vide order in M.A. No. 1308 of 2007 in Rc. No. A4/7825/2003, dated 8.03.2007 rejected the request of the 1st petitioner for his recognition as landless poor person under Section 82 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short the Act). As against the said order, the 1st petitioner filed Appeal No. 268 of 2007 before the 2nd respondent -Regional Joint Commissioner of Endowments under Rule 4 of the Rules. The Regional Joint Commissioner by way of an order dated 17.12.2008 dismissed the said appeal.

(3.) THIS Court on 19.06.2009 issued Rule Nisi and in W.P.M.P. No. 15381 of 2009 granted status quo until further orders. Pending the writ petition, the sole petitioner passed away and his wife came on record as petitioner No. 2 as the legal representative of deceased sole petitioner, vide order dated 25.09.2014 in W.P.M.P. No. 35408 of 2014. Seeking eviction of the interim order, W.V.M.P. No. 2036 of 2009 supported by counter affidavit has been filed by the 4th respondent -temple, denying the averments in the affidavit filed in support of the writ petition and in the direction of justifying the impugned action.