ALTHI CHINA MARAIAH Vs. STATE OF A.P.

JUDGEMENT

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

(2.) Brief facts of the case are that the Petitioner claims to be in possession of the land in Sy.No.22/1 to an extent of Ac.1.86cents and the land originally belonged to one Sri. Krishna Shastri, who purchased the land in the year 1910 from one Latchamma. The said Krishna Shastri is pujari of the Respondent No.5 temple and who in turn granted a Budhan Patta in favour of the petitioner on 24/2/1970. Since then, the Petitioner claims to have been in possession of the above said land, paying rents to Respondent No.5 for the past 30 years, cultivating the land by raising mango thopes and eking out his livelihood from doing agriculture in the above said land. It is stated that the aforementioned temple is a private temple and there was a dispute among its trustees. The Petitioner alleges that Respondent No.5, after being appointed as Executive Officer, announced a public auction for the above said land by a tom tom on 24/5/2016, to be held on 30/5/2016. The action of the Respondent No.5 conducting public auction without any enquiry, without issuing notice, and without following the procedure contemplated under the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, is illegal and arbitrary. Questioning the action of the respondents, the petitioner preferred the present writ petition.

(3.) This Court, vide order dated, has granted interim direction as under: