ANJAMMA Vs. GOVERNMENT OF TELANGANA

JUDGEMENT

(1.) The present Writ Appeals are arising out of a Common Order dated 02.07.2021 passed in W.P.Nos.13459 of 2020 and 12767 of 2021 by the learned Single Judge, and as such, they were heard together and are being disposed of by this common Judgment.

(2.) The undisputed facts of the case reveal that the appellants/petitioners came up before the learned Single Judge stating that the lands bearing survey Nos.87 and 106 situated at Narayankhed Village, Medak, Sanga Reddy District are under the ownership of Sri Rama Mandir temple, apart from other properties situated in survey Nos.23, 87, 94 and 106 of the same village. It was further stated that the land admeasuring Acs.27.16 guntas in survey No.87 and Acs.5.23 guntas in survey No.106 were leased out to the grandfather of the third petitioner, D.Gopal Reddy, in the year 1948. It is also an undisputed fact that the land in dispute is Devalam Patta in the name of Sri Ramdev Temple of Lord Rama. In 1971, vide order, dated 10.06.1971, the Tahsildar directed the Revenue Inspector to take possession of the lands in survey Nos.87 and 106 totalling to Acs.32.39 guntas and the first writ petition i.e., W.P.No.2059 of 1971 was filed at that point of time and the same was allowed on 05.12.1972 on a limited point that the Tahsildar has no power to evict the tenants of the temple lands.

(3.) The appellants/petitioners contended that the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 ('Endowments Act', for brevity) came into force and Section 82 of the Endowments Act provides a method and manner for dealing with the agricultural lands. Section 82 provides that all leases of agricultural lands stood cancelled and the land cultivated by landless poor persons for not less than six years continuously, such persons shall have the right to purchase the lands at 75% of the prevailing market value of similarly situated lands by paying sale consideration in four equal instalments. The Rules were also framed and the appellants/petitioners submitted a representation on 31.05.2003 stating that they are poor persons/marginal farmers. An order was passed on 28.06.2003 rejecting their claim holding that the successors of Mogul Reddy do not fall within the definition of landless poor person and again a writ petition, i.e., W.P.No.15895 of 2003 was filed and the said writ petition was disposed of directing the Assistant Commissioner of Endowments to continue the petitioners as tenants and if they are willing to pay 2/3rd of the market rental value as rent and in case, the temple decides to sell the lands, preference has to be given to the tenants. The grievance of the appellants/petitioners is that without taking into consideration the claim of the appellants/petitioners, the lands have been subjected to auction by issuing auction notice on 05.05.2021 and in those circumstances, the appellants/petitioners came up before this Court.