KODANDARAMASWAY VARI TEMPLE Vs. COMMISSIONER OF SURVEY

JUDGEMENT

(1.) This writ petition is filed by Sri Kodandaramaswamy Vari Temple, Buchireddipalem, Nellore district, represented by its hereditary Managing Trustee seeking a writ of certiorari to call for the records relating to the order dated 24-12-1976 passed by the Special Deputy Tahsildar (Inams), Kavali, under Section 3 (3) of the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956 as confirmed by the Revenue Divisional Officer Kavali and the Commissioner of Survey, Settlements & Land Records, A.P., by orders dated 2-12-1978 and 5-6-1995 respectively, and to quash the same being arbitrary and illegal.

(2.) The facts, in brief, are as under: After the commencement of the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956 (for short "the Act"), the Special Deputy Tahsildar (Inams), Kavali, initiated proceedings under Section 3 of the Act,in respect of Kavetipalem village in Kovur Taluk of Nellore District comprising Ac.480.26 cents of land. The said inam was said to have been granted by one Nagulapati Raya Venkateswara Poundarika Yazulavaru in 1785 A.D. for the maintenance of Acharya Purushas and other Kinkaryams in the temple of Kodandarama Swamy in Buchireddypalem, Nellore District, Accordingly, notices in Form-1 under Section 3 (2) of the Act were issued calling upon all the persons claiming interest in the lands in question to file statement of particulars specifying whether the land is an inam land, whether such inam land is in Ryotwari, Jamindari or Inam village and whether such inam land is held by any institution. Pursuant thereto, the persons in occupation filed their statements stating that the land is covered by a personal grant in favour of their predecessors who were rendering service to the temple and the lands are under their possession and enjoyment. On the other hand, the trustees of the petitioner-temple claimed that the land in question belongs to the Deity, since the said lands form part of an inam granted for rendering service to the Deity.

(3.) Both parties filed their statements through their respective counsel and also produced oral and documentary evidence in support of their respective claims.