The present Writ Petition is filed aggrieved by the action of the 6th
respondent in registering the property in an extent of Acs.3.12 cents in
Sy.No.44/2, Acs.7.11 cents in Sy.No.54/2 and Acs.1.28 cents in
Sy.No.61 of Chinnapasupula Village, Peddamudiam Mandal, YSR
Kadapa District, certificate under Section 43(6) of the Andhra Pradesh
Charitable and Hindu Religious Institutions and Endowments Act, 1987
(hereinafter referred to as ‘the Act 30 of 1987’), as the 6th respondent is
not the authority to register the land as endowment property.
2. The 6th respondent issued ‘certificate of registration’ as endowed
property under sub-section (6) of Section 43 of the Act 30 of 1987,
wherein the land of the petitioners has been certified as endowed land
in the aforesaid survey numbers. Before issuing certificate under
Section 43(6) of the Act 30 of 1987, the respondents have to follow the
procedure as stipulated in sub-section (5) of Section 43 of the Act 30 of
1987 and the above said land was purchased through registered sale
deed dated 15.11.1948 registered as Doc.No.2241/1948 and through a
registered sale deed dated 08.09.1933 registered as Doc.No.1683/
1933. Since the date of purchase, the great grandfather and their
successor have been in possession and enjoyment of the land. When
the 7th respondent issued an auction notice dated 13.08.2014, the writ
petitioners filed a Writ Petition No.23841 of 2014 for grant of leasehold
rights along with some other land owners, before the erstwhile High
Court of Andhra Pradesh and the auction notice was stayed by the
erstwhile High Court of Andhra Pradesh and the petitioners’ name was
mutated in the revenue records and the certificate of registration should
be entered into the register after conducting an enquiry under sub-
section (5) of Section 43 of the Act 30 of 1987. Hence, prayed to
declare the certificate issued under sub-section (6) of Section 43 of the
Act 30 of 1987, as illegal and arbitrary and, consequently, prayed to
delete the subject land from sub-section (6) of Section 43 of the Act 30
of 1987.
