Judgment · High Court · 2008
Case at a glance
- Decided
- 30 Oct 2008
Outcome
Disposed of
Hence, the writ petition is disposed of, directing
Provisions considered
Judgment
Operative part
favour of Sri Chandrasekhara Swamy Temple of the village and that the petitioners have highhandedly and unlawfully entered into it. It is stated that the possession of the land was resumed and the leasehold rights of the same were put to auction. Heard Sri K. Rathangapani Reddy, learned counsel for the petitioners, and learned Government Pleader for Endowments. While the petitioners assert that it is their patta land, the respondent pleads that it was endowed in favour of Sri Chandrasekhara Swamy Temple. The entry in khasra pahani for the year 1954-55 is in favour of the Temple. The circumstances under which the subsequent entries are modified, are not immediately before this court. While the respondent ought to have initiated proceedings under Section 83 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short “the Act”) to resume possession, petitioners ought to have made an endeavour to establish their rights before any proper forum. As the things stand now, the leasehold rights of the lands were put to auction. This court is of the view that the matter needs to be resolved, by taking recourse to the procedure prescribed by law, and the interests of both the parties are required to be protected, in the meanwhile. Hence, the writ petition is disposed of, directing that; a) The petitioners shall remain in possession of land, on payment of Rs.3,500/- (three thousand five hundred) per acre, per year, to be credited to the account of Sri Chandrasekhara Swamy Temple, on or before 1st June of every year, and the amount payable for this year shall be deposited by 30th October 2008. b) It shall be open to the respondent to initiate proceedings under Section 83 of the Act, or for the petitioners to seek declaration under Section 87 of the Act. Till the proceedings under said provisions concluded, arrangement ordered in the above paragraph shall continue, on condition that the lease amount shall be enhanced by 15%, every year. c) The concerned authorities of the Temple shall invest the amount in a Fixed Deposit in a Nationalized Bank, as and when deposited, and utilize the accrued interest for the activities in the Temple. There shall be no order as to costs. PAN ___________________ 21st Oct ober 2008
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Hence, the writ petition is disposed of, directing
Which statutory provisions did this judgment involve?
A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 — s. 83.
Which court decided this case, and when?
Andhra Pradesh High Court, on 30 Oct 2008.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.