VEDANTAM SRINIVASA CHARY Vs. ASSISTANT COMMISSIONER ENDOWMENTS

JUDGEMENT

(1.) The principal controversy revolves around the Occupancy Rights (Patta) certificate (for brevity 'certificate') granted by the Competent Authority viz., 3rd respondent-Sub-Collector, Bhongir, Nalgonda District in W.P.No. 16848 of 1999 under the Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955 (for brevity 'the Act of 1955') to the petitioner viz., Vedantam Srinivasa Chary and Sri Chennakeshava Swamy Temple (for brevity 'temple'), Aroor Village, in relation to the lands, the subject-matter of these writ petitions, which were granted to the respective parties without affording any opportunity to the other party. Though virtually these are rival claims for issuance of certificates under the Act of 1955, relating to the self same property, the quasi-judicial authority-cum-Sub-Collector, Bhongir, decided these matters and issued certificates in favour of both the petitioners in Proceedings No.F/2419/92, dated 22-4-1993 and also the temple in Proceedings No.P999/98, dated nil without hearing the other party.

(2.) Writ Petition No. 12227 of 1997 was filed by the petitioner praying to issue a writ of mandamus declaring the action of the respondents in treating the lands bearing Survey Nos.79,459,460,461,466, 590,784, 785, 786, 804, 805, 806, 811, 812, 813 and 814 situate at Aroor Village, Veligonda Mandal, Nalgonda District, which are granted as an inam under Muntakhab bearing File No. 10/25 of 1357 Fasli to the petitioner's late father and later on, succeeded by the petitioner, as temple lands of Sri Chenna Keshava Swamy Temple, Aroor Village, Veligonda Mandal, Nalgonda District and putting them to public auction on 18-6-1997 at 9-00 a.m., and also without cancellation of the certificate issued in respect of the above said lands through proceedings dated 22-4-1993 bearing No.F/2419/92 and recognized as a Pattadar by issuing Pattadar Passbooks under Record of Rights Act, dated 16-1-1995 belongs to Sri Chennakeshava Swamy Temple, as arbitrary, illegal and auctioning the same through impugned notice dated 28-5-1997 is illegal and against the principles of natural justice and contrary to the provisions of the Endowments Act and for other consequential benefits.

(3.) Likewise, Writ Petition No.16848 of 1999 was filed by the petitioner, praying to issue a writ of mandamus declaring the action of the authorities in issuing the certificate under sub-rule (3) of Rule 6 of Andhra Pradesh (Telangana Area) Abolition of Inams Rules, 1975 (for brevity 'Rules, 1975') through proceedings dated Nil 1997 bearing No.P/999/98 in respect of the lands bearing Survey Nos.459,460,461, 590, 784,785, 786, 804, 805, 806, 811,812, 813, 814 and 416 to an extent of 58 acres, 35 guntas situate at Aroor Village, Veligonda Mandal, Nalgonda District, for which already the certificate had been issued to the petitioner through proceedings dated 224-1993 bearing No.F/2419/92, without cancelling the certificate already granted and without conducting any inquiry under Section 10 of the Act of 1955 and without giving any prior notice to the petitioner before issuing of the certificate in favour of the temple, Aroor Village, Veligonda Mandal, Nalgonda District, as arbitrary, illegal and to declare the action of the authorities in applying the conditions as stipulated under the amended Act 19 of 1994 of the Act of 1955, for which the certificate has been issued to the petitioner under Section 4 of the Act of 1955, for which such conditions are not applicable to the certificate issued to the claimants, who have applied under Section 4 of the Act of 1955 is arbitrary and illegal and also to declare that the amended conditions do not apply to the petitioner claiming the certificate and further to declare that the certificate issued to the temple, Aroor Village, Veligonda Mandal, Nalgonda District through Proceedings No.P/999/98 dated Nil 1997 may be cancelled while granting all consequential benefits.