MANDALA PENCHALAIAH Vs. SUPRINTENDENT OF POLICE

JUDGEMENT

(1.) IN this batch of six writ petitions, claims of one form, or the other, are made in respect of different extents of land, owned by a religious endowment, by name, Seethanna Chalivendram {for short 'the Institution' ). Hence, they are disposed of through a common judgment.

(2.) SHORN of unnecessary details, the circumstances that gave rise to the filing of the writ petitions are as under: One Sri Mallavarapu Seethanna was running a Chalivendram, near Venkatachalam village of Nellore District, to cater to the needs of the travelling public. An extent of Ac. 399. 70 cents of Kanupuru Bit-1 was endowed to the Chalivendram. While the petitioners in W. P. No. 20720 of 2007 state that the land was endowed by the erstwhile Nawabs of Arcot, according to the petitioners in W. P. No. 19562 of 2007, the endowment was made by Karnataka Nawabs. The land in various bits is said to be under the enjoyment of the petitioners, and their ancestors. The revenue was being collected by Seethanna, and after his death, by his son, Mallavarapu Rama Rao. It is also pleaded that when Rama Rao stopped collecting revenue, the petitioners and others started paying the revenue to the Government.

(3.) WHEN the officials of the Endowments Department and the Executive Officer of the Institution initiated steps for eviction of the unauthorized occupants, O. S. Nos. 273 of 1988 and batch, were filed in the Court of Senior Civil Judge, Nellore, by some of the occupants, for the relief of declaration, that they are the ryots of Venkatachalam Village, and are entitled to Kudivaram rights in respect of the plaint schedule properties. Consequential relief of permanent injunction was also prayed for. Through a common judgment dated 13-07-1998, the trial Court dismissed the suits holding that the plaintiffs in the suits are bound by the judgment in O. S. No. 6 of 1981, filed by Sri Rama Rao. Some of the aggrieved persons are said to have filed appeals before this Court, being A. S. Nos. 320 of 1999, and batch.