SAMUDRALA PEDDA SUBBAIAH SASTRY Vs. JOINT COMMIESIONER ENDOWMENTS

JUDGEMENT

(1.) Admittedly the petitioner purchased the land under a registered sale deed dt. 7-4-1942 and ever since he has been in possession and enjoyment of the lands. Proceedings were initiated in O.A. No.36 of 1980. The Deputy Commissioner by his order dated January 9, 1982 held that the petitioner is an encroacher. On revision, it was confirmed. Assailing the legality thereof, this writ petition has been filed.

(2.) The contention of the petitioner is that he has been inducted into possession by the trustee of Sri Anjaneyaswamy Temple, the property having been sold in his favour under a registered sale deed and that he has been continuing in possession in his own right as the owner thereof and therefore, he cannot be treated as an encroacher for the purpose of Section 75 of the A.P. Charitable & Hindu Religious Institutions and Endowments Act 17 of 1966 (for short "the Act").

(3.) The learned Government Pieader contended that the lands have been registered under Section 38 of the Act and once the properties have been registered, the trustee has no right to alienate the same without any authority or permission by the competent authority. Therefore, the petioner must be deemed to he an enrroacher having obtained no valid title. Therefore, the question is whether the petitioner is an 'encroacher' within the meaning of Section 75 of the Act Section 75 of the Act reads as follows : Section 75 :Encroachments by persons on land or building, belonging to charitable or religious institution or endowment and the eviction of encroachers (1) Where the Assistant Commissioner having jurisdiction, either suo motu or upon a complaint made by the trustee has reason to believe that any person has encroached upon (hereafter in this Chapter referred to as 'encroacher') any land, building, tank, well, spring or water course, or any space belonging to the institution or endowment, wherever situated the Assistant Commissioner shall report the fact together with relevant particulars to the Deputy Commissioner having jurisdiction over the division in which the institution or endowment is situated. Explanation :For the purpose of this Chapter (i) xx xx xx (ii) The expression 'encroacher' shall be deemed to include any person or institution who continues to remain in the land or building after the expiry or the termination or cancellation of the lease, mortgage or licence in respect thereof granted to him or it. (2) xx xx xx The other sub-sections are not necessary. Hence omitted.