KONDAIAH M Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) In this writ petition, under Article 226 of the Constitution of India, the petitioner seeks issuance of a writ of Certiorari for requisitioning and quashing the order of the Government in G.O.Ms.No.593, Revenue (Endowments-IV) Department, dated 15-6-1989.

(2.) The 4th respondent-temple is the owner of Ac.11.56 cts. of land in R.S.No.163 of Satyavada village. On the southern edge of this land, Harijanawada is situated. The 4th respondent divided this Ac.11.56 cts. of land into six bits admeasuring Ac. 1.98 cts., Ac.1.68 cts., Ac. 1.90 cts., Ac.2.10 cts.. Ac. 1.90 cts. and Ac. 1.92 cts. Excluding, inter alia, Ac.1.90 cts. of land in R.S. No.163 of Satyavada village (hereinafter referred to as 'the disputed land'), the Revenue (Endowment-IV) Department, Government of Andhra Pradesh, that is the first respondent, Vide G.O.Ms.No.593, dated 15-6-1989, at the instance of the Commissioner, Endowments Department, that is the second respondent, permitted it to sell Ac.7 of land in Survey No.163 (re-numbered as RS 163/2) owned by the 4th respondent-temple to Social Welfare Department, Government of Andhra Pradesh, for providing house sites to weaker sections of the society at the rate of Rs.53,000/- per acre under Section 80 (1) (c) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short, 'Endowment Act of 1987') and thereafter the 4th respondent delivered the possession of the aforesaid land of Ac.7 to the Social Welfare Department, Government of Andhra Pradesh on 4-3-1993 and pattas were distributed to the beneficiaries.

(3.) The case of the petitioner, in brief, is that he is a lessee of the 4th respondent-temple in respect of the disputed land, that is to say Ac.1.90 of land in Survey No.163 of village Satyavada and had also filed A.T.C.78/87 against one Manthena Peda Suraparaju in the Court of Special Officer-cum- District Munsif, Tanuku, under the Andhra Pradesh (Andhra Area) Tenancy Act 18 of 1956 (for short, 'Andhra Area Tenancy Act'), for a declaration that he is a cultivating tenant in respect of the land in question. The permission granted by the first respondent to sell the land admeasuring Ac.7 is Survey No.163/2 at the rate of Rs.53,000/- per acre to the Social Welfare Department of the Government of Andhra Pradesh for the purposes of providing house sites to the weaker sections of the society vide G.O.Ms.No.593, dated 15-6-1989 is illegal and without jurisdiction because (1) the petitioner is a cultivating tenant and his right as a cultivating tenant is protected under the Andhra Area Tenancy Act read with the amending Act 39 of 1974 and, therefore, he cannot be dispossessed from the land in question; (2) the provisions of the Andhra Area Tenancy Act have overriding effect on the provisions of the Endowment Act; (3) the petitioner has right to exercise his option to purchase the land in question including Ac.7 of the aforementioned land and his valuable right cannot be taken away by resorting to the provisions of Section 80 of the Endowment Act and (4) no objections were invited as per rules before sending the proposal for selling the land and the second respondent did not apply the mind for seeking permission to sell the land by private negotiation and, therefore, the impugned notification is liable to be quashed.