SYED SATTAR Vs. K KOTAIAH

JUDGEMENT

(1.) This appeal is directed against order dated 28-12-2006 passed by the learned Single Judge in Writ Petition No.22851 of 2005, whereby he quashed G.O.Ms.No.64, Revenue (Endowments IV) Department, dated 10-1-2005 issued by the State Government under proviso to Section 80 (1)(c) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short, 'the Act').

(2.) Shri Kesana Kotaiah (respondent No.1 herein), who remained Trustee of the temple for two terms from 1999 to 2003 filed Writ Petition No.22851 of 2005 for quashing G.O.Ms.No.64, dated 10-1-2005. He pleaded that in the face of the eviction orders passed by the competent authority under Section 83 of the Act, the State Government could not have exercised power under Section 80 (1)(c) of the Act.

(3.) In the counter-affidavits filed on behalf of the Government of Andhra Pradesh and Commissioner of Endowments, it was pleaded that permission was accorded for sale of land under Section 80 (1)(c) because the encroachers were in possession for last more than 50 years and possession of majority of other encroachers had been regularised in accordance with the decision contained in G.O.Ms.No.1 01 6, dated 10-12-1996 and G.O.Ms.No.508, dated 26-6-1999.