CHALLA VENGAL REDDY Vs. EXECUTIVE OFFICER

JUDGEMENT

(1.) WP No.20490 of 2011 is filed under Article 226 of Constitution of India for the following relief:

(2.) As the issue involved in all these writ petitions is one and the same, they are being taken up for hearing as well as disposed of by way of this Common Order. 3 the petitioners in all the writ petitions were declared as landless poor cultivating tenants in respect of the respective lands under their cultivation belong to the respective temples by different orders of the concerned Assistant Commissioner, Endowment and cultivating the lands. Thereafter the Executive Officers of the respective temples filed appeals against the said orders along with condonation of delay. The petitioners contended that there are no cogent and valid grounds to allow the delay condonation petition except with a malafide intension to evict them form the cultivating lands. It is further stated that the 2nd respondent erred in appreciating the amended law under the Andhra Charitable & Hindu Religious Institutions and Endowments Act 1987 w.e.f 3/1/2008, especially making the Act as special enactment with a mandatory provision of creating a separate adjudicative mechanism under Sec. 87 read with Sec. 162 of the Act. It is further stated that the exemption granted to the Deputy Commissioner under Sec. 87(5) of Act 33 of 2007 for short period during the intercession period till constitution of Endowments Tribunal and once the Tribunal is constituted the adjudicative powers of Deputy Commissioner or appellate authority or Regional Joint Commissioner under Rule 4 of Endowments lease of Agricultural Lands Rules 2003 are deemed to have been ousted. Hence the impugned orders are void and without any jurisdiction and are liable to be quashed.

(3.) This Court vide order dtd. 21/7/2011, while issuing Rule Nisi, has granted interim stay as prayed for in all the writ petitions i.e., in WP Nos.20490, 20491, 20531 and 20548 of 2011 and granted interim suspension in WP No.32850 of 2010 on 29/12/2010.