Andhra Pradesh High Court · 2004
Case at a glance
Provisions considered
Key paragraphs
- Para 55. The writ petition is accordingly disposed of directing the respondents not to interfere with the possession of the petitioner or evict him from the said land i.e., Ac.1.12 cents in Survey No.14/2A in Jaggarajupeta village, Gajuwaka Mandal, Visakhapatnam district without resorting to any legal…
Judgment
Cause title
For the Petitioner: Mr.K.V.SUBRAMANYA NARASU, Advocate For the Respondent No.1: THE GP FOR ENDOWMENTS The Court made the following
ORDER :
This writ petition is filed by the petitioner claiming that he is the owner of an extent of Ac.1.12 cents of land in Survey No.14/2A in Jaggarajupeta village, Gajuwaka Mandal, Visakhapatnam district.
The grievance of the petitioner is that the second respondent – temple authorities claiming to be the owner of the said land are trying to interfere and evict him from the said land without initiating any proceedings, either under the provisions of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short ‘the Act’) or by way of any civil suit. Therefore, the petitioner has come up with the present writ petition and sought for a direction to the respondents not to interfere with the possession of the petitioner or evict him from the land in question without initiating legal proceedings under appropriate provisions of the Act or otherwise.
Heard the learned counsel for the petitioner and the learned Government Pleader for Endowments.
The case of the petitioner is that he is the owner of the land in an extent of Ac.1.12 cents in Survey No.14/2A in Jaggarajupeta village, Gajuwaka Mandal, Visakhapatnam district and the second respondent, claiming to be the owner of the said land without initiating any proceedings is trying to evict him forciably. If such steps have been taken by the second respondent, they are not in accordance with law and therefore, the second respondent cannot evict the petitioner without resorting to legal proceedings.
The writ petition is accordingly disposed of directing the respondents not to interfere with the possession of the petitioner or evict him from the said land i.e., Ac.1.12 cents in Survey No.14/2A in Jaggarajupeta village, Gajuwaka Mandal, Visakhapatnam district without resorting to any legal proceedings. ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER
17.06.2004 To 1 The Deputy Commissioner Endowments Department, Kakinada, East Godavari district 2 The Executive Officer, Simhachalam Devastanam, Simhachalam, Visakhapatnam District 3 Two CCs to The G.P. for Endowments, High Court Buildings, Hyderabad (OUT) 4 Two CD copies
Questions this judgment answers
Which statutory provisions did this judgment involve?
Constitution of India — art. 226; Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987.
Which court decided this case, and when?
Andhra Pradesh High Court, on 17 Jun 2004. The bench was S ANANDA REDDY.
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.