Sri Ramaraju Sudarshan Rao vs Joint Collector

    0
    4
    ADVERTISEMENT

    Telangana High Court

    Sri Ramaraju Sudarshan Rao vs Joint Collector – I, Ranga Reddy … on 30 June, 2026

                                  1
    
    
    
    
        IN THE HIGH COURT FOR THE STATE OF TELANGANA AT
                           HYDERABAD
    
      THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO
    
         WRIT PETITION Nos.9724 of 2010 and 8506 of 2010
    
    
                           Date : 30.06.2026
    
    W.P.No.9724 of 2010
    
    
    Between :
    
    Sri Ramaraju Sudarshan Rao and another.
    
                                                   .. Petitioners
    
    
                                AND
    
    Joint Collector-I, Range Reddy District-cum-
    Divisional Authority and others.
    
                                                   .. Respondents
    
    
    W.P.No.8506 of 2010
    
    Between :
    
    Sri Ramalingeshwara Swamy Temple.
    
                                                   .. Petitioner
                                AND
    
    Joint Collector-I, Range Reddy District-cum-
    Divisional Authority and others.
                                       2
    
    
    
    
                                                         .. Respondents
    
    
    
    
    COMMON ORDER:

    Since the issue involved is identical, these two writ

    petitions are disposed of by way of a common order.

    SPONSORED

    2. In these writ petitions, the petitioners challenge the

    order passed by the 1st respondent in Case

    No.D5/7280/2008, dated 16.01.2010.

    3. For convenience, the facts in W.P.No.9724 of 2010 are

    discussed hereunder:

    a) The 1st petitioner is the founder family member of

    Sri Ramalingeshwara Swamy Temple and the 2nd petitioner is

    the Commissioner of Endowments. Sri Ramalingeshwara

    Swamy Temple is the absolute owner and possessor of land

    admeasuring Ac.134.01 guntas in Sy.Nos.175, 176, 177,

    307, 308, 309, 310, 321, 138, 454/A, 41/A, 318, 302, 301,

    312, 320, 456, 459, 165, 168, 171, 73, 45 and 35 situated at

    Bommarasipet Village, Shamirpet Mandal, Ranga Reddy

    District. Out of the said land, an extent of Ac.49.22 guntas is
    3

    the inam land falling in Sy.Nos.307, 308, 309, 310 and 321,

    which were granted to the Temple and maintained by the then

    Nizam. The rest of the land was donated by the forefathers of

    petitioner No.1 herein, who are the founders of the Temple

    and the same is confirmed as per the ceiling declarations filed

    by them before the ceiling Reforms Tribunal, Hyderabad, East

    Division in C.C.Nos.1968/M/75, 235M/75, 1589/M/75 and

    1301/M/75, dated 19.05.1977.

    b) The ownership of Sri Ramalingeshwara Swamy

    Temple is established from the entries contained in the

    endowment register maintained under Section 43 of the

    A.P.Charitable and Hindu Religious Endowments Act, 1987.

    c) Respondent Nos.3 to 11 herein are claiming as

    successors to the protected tenant, late Sri Talla Balreddy.

    The claim made by respondents 3 to 11 before the 1st

    respondent is that the original protected tenant was one Sri

    Talla Baganna @ Bagi Reddy, and after his death, their father

    late Sri Talla Balreddy was granted succession of protected

    tenancy rights under Section 40 of the A.P.(Telangana Area)

    Tenancy and Agricultural Lands Act, 1950 (for short ‘the Act,
    4

    1950) vide proceedings of the 2nd respondent in File

    No.A/973/2000, dated 02.05.2001, and as such, they have

    become successors to the protected tenancy over the subject

    land.

    d) The further claim of respondents 3 to 11 is that,

    since the succession certificate issued in the name of their

    father, Talla Balreddy, inures to their benefit as well, no

    succession certificate in respect of protected tenancy rights

    was granted in their favour by the 2ndrespondent.

    e) Respondent Nos.3 to 11 herein had invoked the

    jurisdiction of the 1strespondent under Section 9 of the

    A.P.Record of Right inLand and Pattedar Passbooks Act, 1971

    (for brevity ‘the Act, 1971’) alleging that they are entitled to be

    declared as protected tenants and that Sri Ramalingeshwara

    Swamy Temple has no right or title in respect of the subject

    lands and the revenue records, such as pahanies, should be

    rectified by entering their names after deleting the name of Sri

    Ramalingeshwara Swamy Temple.

    5

    f) The 1st respondent had entertained the said

    revision, beyond the period of limitation and without

    jurisdiction and even without any appeal before the Revenue

    Divisional Officer and issued notices to the 2ndrespondent, the

    petitioners herein and Sri Ramalingeshwara Swamy Temple,

    called upon them to file their respective counter Affidavits.

    g) Sri Ramalingeshwara Swamy Temple and the 1st

    petitioner herein had filed detailed counter affidavits in the

    revision petition contending that the revision petition filed by

    respondents 3 to 11 is not maintainable in law and devoid of

    any substance. The correction of revenue record from the year

    1980 onwards cannot be claimed as a belated stage in the

    year 2008, particularly, without availing the appellate remedy

    under Section 5 (5) of the Act, 1971. Respondents 3 to 11 are

    not the successors of the late Talla Balreddy, and when the

    relationship between themselves was in dispute, they cannot

    assert themselves as protected tenants.

    h) Sri Ramalingeshwara Swamy Temple and the 1st

    petitioner herein had also contended that all the earlier efforts

    made by respondents 3 to 11 before the Civil Court for title
    6

    and before the authorities under the Endowment Act for

    deletion of the subject lands from the endowment register

    have failed and disclosed that Sri Ramalingeshwara Swamy

    Temple is the owner and hence, the said issues cannot be

    raised or agitated again by invoking Section 9 of the Act,

    1971.

    i) The 1st respondent, without appreciation of the

    factual and legal controversy in the matter, had allowed the

    revision petition filed by respondents 3 to 11 in Case

    No.D5/7280 of 2008 by order dated 16.01.2010 and declared

    that respondents 3 to 11 as protected tenants and that Sri

    Ramalingeshwara Swamy Temple and the 2nd petitioner

    herein are in unauthorized possession of the subject land and

    further directed eviction of the Temple under Section 98 of the

    Act, 1950.

    j) Aggrieved thereby, the present writ petitions have

    been filed.

    4. Learned counsel appearing for the petitioners submits

    that the proceedings under the Act, 1971 and the proceeding
    7

    under the Act, 1950 are distinct and separate. The 1st

    respondent, in the impugned order, had exercised powers of

    District Collector, in so far as Section 98 of the Act, 1950 is

    concerned and also exercised the powers of the Joint

    Collector, while adjudicating under Section 9 of the Act, 1971.

    Thus, the impugned order passed by the 1strespondent is

    unsustainable in law.

    5. Learned counsel appearing for the petitioners further

    submits that the 1st respondent has no jurisdiction to decide

    the title. Section 8 of the Act, 1971, provides for the remedy

    when there is a dispute about title. The 1st respondent had

    totally ignored the fact that respondents 3 to 11 had suffered

    a dismissal order from the Civil Court as well as from the

    Appellate Courts, when contested on title. Ignoring the fact

    that the suit filed by the respondents 3 to 11 ended in

    dismissal, the 1strespondent held that Sri Ramalingeshwara

    Swamy Temple has no title to the subject land. Therefore, the

    said finding of the 1st respondent is absurd and in utter

    violation of settled principles of law.

    8

    6. Learned counsel appearing for the petitioners further

    submits that the provisions of the Act, 1950 are not

    applicable to the lands belonging to or given or endowed for a

    Temple. Therefore, the respondents 3 to 11 cannot claim any

    right with respect to the subject land, as the same was

    endowed to Sri Ramalingeshwara Swamy Temple. So long as

    the endowment register and the revenue records disclose that

    Sri Ramalingeshwara Swamy Temple is the owner of the

    subject land, it is not proper on the part of the 1strespondent

    to hold that the subject lands do not belong to the Temple.

    7. Learned counsel appearing for the petitioners further

    submits thatthe amendment of the provisions of the tenancy

    Act, 1950 with respect to the lands belonging to endowments

    was upheld by a Division Bench of this Hon’ble Court in

    W.P.No.23076 of 2003, dated 31.12.2007.

    8. Learned counsel appearing for the petitioners further

    submits that when respondents 3 to 11 or their predecessors

    have lost before the Civil Court and also the endowment

    authorities, the 1st respondent erroneously passed the

    impugned order in favour of respondents 3 to 11 and such a
    9

    course of action is prohibited by the doctrine of estoppel as

    held by the Hon’ble Supreme Court in (1999 (5) S.C.C. 590

    Para 26).

    9. Learned counsel appearing for the petitioners further

    submits that it is settled law that, as per the law laid down by

    the Hon’ble Court succession of protected tenancy rights is

    not within the jurisdiction of the Tahsildar and that whenever

    there is a dispute, the same should be adjudicated by a Civil

    Court. In the present case, the relationship of respondents 3

    to 11 as the so-called protected tenants itself was in serious

    dispute. Such a dispute cannot be adjudicated by the

    authorities under the Act, 1971 or the Act, 1950. Hence, the

    impugned order of the 1st respondent is without jurisdiction,

    and the same is liable to be set aside.

    10. The 3rd respondent filed a counter affidavit stating as

    follows :-

    (a) The Civil Court, in O.S. No. 193 of 1983 on the

    file of the Court of the Additional Subordinate Judge, L.B.

    Nagar, after recording both oral and documentary evidence,
    10

    held that the lands in question are not Temple lands.

    Aggrieved by the said judgment, the 2nd petitioner filed A.S.

    No. 179 of 1994 before this Court; however, the same was

    dismissed as withdrawn. Therefore, the finding of the Civil

    Court that the subject lands are not Temple lands has

    attained finality.

    (b) The dispute between the 2nd petitioner, and the

    respondents herein has already been adjudicated by the Civil

    Court, and the findings therein were rendered against the 2nd

    petitioner and the same have attained finality. Consequently,

    the 2nd petitioner is precluded from re-agitating the very same

    dispute, as the same is barred by the doctrine of res judicata.

    Therefore, the present Writ Petition is liable to be dismissed

    on the ground of res judicata.

    (c) The petitioner has suppressed the fact that

    Ramalingeswara Swamy Temple had filed W.P.No.8506 of

    2010 earlier than the filing of the present writ petition, and

    the same is pending before this Court. On this ground alone,

    the writ petition is liable to be dismissed.
    11

    (d) It is false on the part of the petitioners to contend

    that Sri Ramalingeshwara Swamy Temple is the absolute

    owner and possessor of land admeasuring Ac. 134.01 situated

    in Survey Nos. 175, 176, 177, 307, 308, 309, 310, 321, 138,

    454/A, 41/A, 318, 302, 301, 312, 320, 456, 459, 165, 168,

    171, 73, 45, and 35 of Bommarasipet Village, Shamirpet

    Mandal, Ranga Reddy District and from out of the said extent,

    Ac. 49.22 guntas in Survey Nos. 307, 308, 309, 310, and 321

    constitute Inam land granted to the Temple during the

    Nizam’s regime.

    (e) It is false on the part of the petitioners to contend

    that the remaining land was donated by the forefathers of

    petitioner No. 1, who are alleged to be the founders of the

    Temple, and that such donation was confirmed through the

    ceiling declarations filed before the Ceiling Reforms Tribunal,

    Hyderabad East Division, in C.C.Nos.1968/M/75, 235/M/75,

    1589/M/75, and 1301/M/75, dated 19.05.1977.

    (f) It is false on the part of the petitioners to contend

    that the ownership of Sri Ramalingeshwara Swamy Temple is

    established by the entries contained in the Endowment
    12

    Register maintained under Section 43 of the A.P. Charitable

    and Hindu Religious Endowments Act, 1987.

    (g) It is true that Respondents 3 to 11 claim to be

    the successors of the protected tenant, late T. Bal Reddy. The

    original protected tenant was one Talla Baganna alias Bagi

    Reddy, and that after his death, their father, Talla Bal Reddy,

    was granted succession to the protected tenancy rights under

    Section 40 of the A.P. (Telangana Area) Tenancy and

    Agricultural Lands Act, 1950 (hereinafter referred to as “the

    Act, 1950”), vide proceedings of the 2nd Respondent in File No.

    A/973/2000 dated 02.05.2001. Consequently, they claim to

    have succeeded in the protected tenancy rights over the

    subject land.

    (h) It is true that the succession certificate was

    issued in the name of their father, Talla Bal Reddy, and they

    claim the benefit thereof, although no separate succession

    certificate conferring protected tenancy rights has been issued

    in their favour by the 2nd respondent.

    13

    (i) The respondents are the legal heirs of late Sri

    Talla Baganna alias Bagi Reddy, son of late Sri Bal Reddy,

    who was a registered protected tenant under the A.P.

    (Telangana Area) Tenancy and Agricultural Lands Act, 1950,

    in respect of the following lands situated in Bommarasipet

    Village, Shamirpet Mandal, Ranga Reddy District: Sy.No.37 –

    Ac. 12.12 guntas, Sy.No.165 – Ac.4.05 guntas, Sy.No.168 –

    Ac. 0.21 guntas, Sy.No.171 – Ac.7.32 guntas, Sy.No.301 – Ac.

    15.28 guntas, Sy.No.302 – Ac. 7.02 guntas, Sy.No.307 – Ac.

    14.19 guntas, Sy.No.308 – Ac.17.17 guntas, Sy.No.309 – Ac.

    10.09 guntas, Sy.No.310 – Ac.15.03 guntas, Sy.No.312 – Ac.

    17.21 guntas, Sy.No.318 – Ac.10.29 guntas, Sy. No. 320 – Ac.

    19.22 guntas and Sy.No.321 – Ac. 7.17 guntas.

    (j) The total extent is Ac.159.18 guntas, classified as

    dry patta land. As per the Permanent Register of 1950

    (Protected Tenancy Register), the aforesaid survey numbers

    stood in the name of Sri Ramaraju Lakshmi Narasimha Rao

    as pattadar, while the name of Talla Baganna alias Talla Bagi

    Reddy was recorded as the protected tenant.
    14

    (k) According to the pahanies from 1954-55

    onwards, the protected tenants and their legal heirs have

    been in continuous possession and enjoyment of the lands

    without interruption. However, in the year 1980, the name of

    Sri Ramalingeshwara Swamy Temple came to be recorded as

    pattadar in the relevant pahani entries. It is not known under

    what proceedings or authority the name of the Temple was

    entered in the pattadar column, particularly when the lands

    in question are private lands and do not belong to the Temple.

    Therefore, the entry of the name of Sri Ramalingeshwara

    Swamy Temple in the pattadar column of the pahani for the

    year 1980 appears to have been made with an oblique motive.

    There is no record demonstrating that the Temple was the

    lawful pattadar of the subject lands.

    (l) Without any lawful authority, the original

    pattadars, namely: Sri Lakshmi Narasimha Rao and Smt.

    Ramaraju Tulsamma, Sri Sudershan Rao, and Sri Venugopal

    Rao, executed a Gift Deed in favour of Sri Ramalingeshwara

    Swamy Temple in respect of Sy. Nos. 37, 165, 168, 172, 302,

    312, 330, 320, 307, 309, 310, and 321 of Bommarasipet
    15

    Village, Shamirpet Mandal, Ranga Reddy District in the year

    1967, which was subsequently registered in the year 1980.

    (m) The pattadar himself happened to be the

    Chairman and Hereditary Trustee of Sri Ramalingeshwara

    Swamy Temple. Under the guise of the said Gift Deed, he

    managed to have the name of the Temple recorded in the

    pattadar column without obtaining any mutation proceedings

    or orders from the competent authority and without issuing

    notice to the protected tenant.

    (n) The pattadars had no legal authority to execute a

    Gift Deed in favour of any individual or institution in respect

    of lands over which protected tenancy rights existed. It is

    further submitted that Sri Ramaraju Sudershan Rao, son of

    the original pattadar, committed fraud with the intention of

    harassing the protected tenants and evicting them from the

    lands by gifting the protected tenancy lands to Sri

    Ramalingeshwara Swamy Temple, of which he himself was

    the Hereditary Trustee. In effect, the donor and the donee

    were substantially represented by the same individual.

    Therefore, the Gift Deed is invalid and unenforceable.
    16

    (o) When the protected tenants came to know of the

    entries made in favour of Sri Ramalingeshwara Swamy

    Temple in the pattadar column of the relevant pahanies, they

    instituted O.S. No. 193 of 1983 before the learned Additional

    Subordinate Judge, Ranga Reddy District, seeking a

    declaration of title by adverse possession in respect of the

    lands in question. However, the said suit was dismissed on

    19.04.1993. Questioning the said judgment, the Additional

    Commissioner, Endowment Department, Ranga Reddy

    District filed A.S.No.179/94 before this Court, and the same

    was dismissed vide order dated 28.4.2008. Therefore, the

    finding of the trial court that the lands in question are not

    endowed lands has become final.

    (p) The lands are private patta lands, and Sri

    Ramraju Sudershan Rao is the pattadar, while the legal heirs

    of Sri T. Bal Reddy are the Protected Tenants (PTs). Further,

    neither the Endowments Department nor Sri Ramraju

    Sudershan Rao has any right over the lands in question.

    (q) The father of Respondent No. 3, namely the PT

    holder Sri T. Bal Reddy, filed a petition before the Assistant
    17

    Commissioner, Endowments, seeking deletion of the lands

    standing in the name of Sri Ramalingeswara Swamy Temple

    from the records on the ground that they were not endowed

    lands but PT lands. The said petition was dismissed by the

    Assistant Commissioner, Endowments, Ranga Reddy District.

    Aggrieved by the said order, Sri T. Bal Reddy filed O.A. No.

    2/96 under Section 45(3) read with Section 87(1) of the A.P.

    Hindu Religious Institutions and Endowments Act before the

    Deputy Commissioner of Endowments, Ranga Reddy District.

    The said application was dismissed by order dated

    21.04.1997.

    (r) Aggrieved thereby, Sri T. Bal Reddy filed C.M.A.

    No. 45/97 before the District Judge, Ranga Reddy District,

    which was also dismissed by order dated 24.06.1998.

    Thereafter, Sri T. Bal Reddy filed C.R.P. No. 3531 of 1998

    before this Hon’ble Court, which was dismissed by order

    dated 16.11.1998. However, this Hon’ble Court observed that

    the said order would not preclude the petitioner from

    agitating his rights as a Protected Tenant before the

    appropriate forum in accordance with law.

    18

    (s) Aggrieved by the said order, Sri T. Bal Reddy

    preferred a Special Leave Petition before the Hon’ble Supreme

    Court. In Civil Appeal No. 6088 of 1999, by order dated

    30.09.2004, the Hon’ble Supreme Court observed that the

    respondents were at liberty to agitate their rights as Protected

    Tenants under the A.P. (Telangana Area) Tenancy and

    Agricultural Lands Act.

    (t) Sri Talla Bagi Reddy is the Protected Tenant as

    per the Protected Tenancy Register of Bommaraspet Village in

    respect of the subject lands, as contemplated under Sections

    34 and 35 of the A.P. (Telangana Area) Tenancy and

    Agricultural Lands Act. Subsequently, Sri Talla Bal Reddy,

    son of Sri Talla Bagi Reddy, obtained a succession certificate

    under Section 40 of the said Act. The Mandal Revenue Officer,

    Shamirpet, after following the prescribed procedure, issued

    Proceedings No. A/973/2000 dated 02.05.2001 granting

    succession of Protected Tenancy rights in favour of Sri Talla

    Bal Reddy, who is the father of the respondent herein.

    Therefore, it is an undisputed fact that the lands are PT lands

    held by the respondents.

    19

    (u) A gift allegedly made in or prior to the year 1980,

    without notice to the Protected Tenants and without their

    knowledge or consent, cannot convert the lands into temple

    properties. Further, neither the Commissioner of Endowments

    nor Sri Ramalingeswara Swamy Temple is competent to

    determine whether the respondents are Protected Tenants or

    not. Their claim over the property emanates from the alleged

    gift made by Sri Ramraju Sudershan Rao and others.

    (v) If the lands in question were indeed temple lands

    under the control of the temple authorities, the same would

    have been reflected in the Khasra Pahani, which was prepared

    after following the procedure prescribed under the Telangana

    Area Census Rules. Therefore (i) The properties were not

    temple properties of on the year 1954; and (ii) There is no

    document to show that the subject properties were gifted to

    the temple by its founders, as a gift of immovable property

    requires registration under Section 123 of the Transfer of

    Property Act.

    (w) Except for making bald assertions in the counter

    affidavit and written arguments that the subject properties
    20

    are temple properties, neither the Commissioner of

    Endowments nor Sri Ramalingeswara Swamy Temple has

    produced any documentary evidence before the Joint

    Collector to establish that the subject lands are endowed

    properties.

    (x) The issue as to whether the property is an

    endowed property or not stands concluded by the judgments

    in O.S.No.193 of 1983 and A.S. No. 175 of 1994. The findings

    therein operate as res judicata against the Commissioner of

    Endowments and Sri Ramraju Sudershan Rao, preventing

    them from raising the same plea once again before the

    competent authority. Therefore, neither the Commissioner of

    Endowments nor Sri Ramraju Sudershan Rao nor any other

    respondent can contend that the respondents herein have no

    right to seek relief on the ground that the suit properties are

    endowed properties.

    (y) Insofar as Section 9 of the Record of Rights Act is

    concerned, it is an independent provision, and the Joint

    Collector has the authority to review any order passed

    thereunder. Therefore, the contention of the Commissioner of
    21

    Endowments and Sri Ramraju Sudershan Rao that the

    respondents ought to have filed an appeal under Section 5(5)

    of the Record of Rights Act, 1971 before the Revenue

    Divisional Officer within the prescribed period of limitation is

    wholly unsustainable.

    (z) It is a settled principle of law that once a person

    is recognized as a Protected Tenant, he continues to remain a

    Protected Tenant unless otherwise determined in accordance

    with law. It is equally settled that a pattadar cannot

    unilaterally transfer his rights, together with the rights of the

    Protected Tenant, in any manner contrary to the provisions of

    the A.P. (Telangana Area) Tenancy and Agricultural Lands

    Act. Such transfers have consistently been held to be void by

    both the Hon’ble Supreme Court and the Hon’ble High Court.

    (a)(i) In C.R.P. No. 3531 of 1998, decided on

    16.11.1998, this Hon’ble Court held that the question of

    whether a person is a Protected Tenant or not is a matter to

    be decided exclusively by the Tribunals constituted under the

    A.P. (Telangana Area) Tenancy and Agricultural Lands Act,

    1950. The said view was affirmed by the Hon’ble Supreme
    22

    Court in Civil Appeal No. 6088 of 1999 by judgment dated

    30.09.2004. Therefore, there are no merits in the writ

    petition, and the same is liable to be dismissed.

    11. Learned counsel appearing for the respondents 3 to 11

    submits that the respondents 3 to 11 are the legal heirs of

    late Sri Talla Baganna @ Bagi Reddy, who was the protected

    tenant, and they were in continuous possession and

    enjoyment of the subject lands. However, in the year 1980,

    the name of Sri Ramalingeswara Swamy Temple was

    erroneously recorded as a pattedar in the relevant column of

    pahanies, though the subject lands are private land and do

    not belong to any Temple.

    12. Learned counsel appearing for the respondents 3 to 11

    further submits that the original pattadars, without any

    authority, executed a Gift Deed in favour of the Temple in

    respect of the subject lands in the year 1967 and the same

    was registered in the year 1980. The name of the Temple was

    recorded in the revenue records without any notice to the

    protected tenants. The donor and done is the same person,

    and therefore, the Gift deed is an invalid document.
    23

    13. Learned counsel appearing for the respondents 3 to 11

    further submits that the protected tenants approached the

    Civil Courts and the Endowment authorities, but they

    erroneously rejected the claim of the protected tenants.

    However, the 1st respondent, after hearing both sides and

    after considering the material available on record, rightly

    passed the impugned order. Therefore, the writ petitions are

    devoid of merits and are liable to be dismissed.

    14. Heard the learned counsel for the petitioners and the

    respondents. Perused the record.

    15. W.P.No.8506 of 2010 (for short ‘the first writ petition)

    is filed by Sri Ramalingeshwara Swamy Temple, represented

    by its Manager Sri H.K.Babu.

    16. W.P.No.9724 of 2010 (for short ‘the second writ

    petition) is filed by Sri Ramaraju Sudarshan Rao, founder

    family member of Sri Ramalingeswara Swamy Temple and

    Commissioner of Endowments, represented by the Assistant

    Commissioner of Endowments.

    24

    17. In both the said writ petitions, the petitioners are

    seeking to set aside the same impugned order passed by the

    1st respondent in Case No.D5/7280/2008, dated 16.01.2010.

    The first writ petition was filed on 15.04.2010, whereas the

    second writ petition was filed on 23.04.2010.

    18. Initially, in the first writ petition, there is no interim

    order. However, in the second writ petition, the interim

    suspension as prayed for is granted on 27.04.2010 i.e.,

    suspension of the operation and effect of the order of the 1st

    respondent in Case No.D5/7280/2008, dated 06.01.2010.

    19. When the first writ petition was filed, this Court did

    not grant any interim order. Subsequently, a second writ

    petition was filed, in which this Court granted an interim

    order on 27.04.2010. After some time, by relying upon the

    said interim order granted in the second writ petition, the

    petitioners obtained a similar interim order in the first writ

    petition on 31.01.2011, which is incorrect.

    20. In both the writ petitions, the petitioners challenged

    the same impugned order. Although the names and
    25

    designations of the parties may differ, the parties are

    substantially the same and also in both WPs., the subject

    Temple is one and the same. Therefore, the filing of the

    second writ petition amounts to res judicata. On this ground

    alone, both the writ petitions are liable to be dismissed.

    21. In the present case, both the petitioners and the

    respondents have filed several proceedings to establish their

    possessory rights over the subject property. The petitioners

    contend that the entire extent of the land belongs exclusively

    to Sri Ramalingeshwara Swamy Temple and that the

    unofficial respondents have no legal right, title, or interest in

    the said lands.

    22. The unofficial respondents filed a revision petition

    No.D5/7280/2008 before the 1st respondent under Section 9

    of A.P. Rights in Land and Pattadar Pass Books Act, 1971 for

    correction of records from the year 1980-81 onwards in

    respect of the lands in the survey numbers, as stated supra,

    for the total land admeasuring Ac.159.18 guntas situated at

    Bommarasipet Village, Shameerpet Mandal, R.R.District,

    stating that they are the legal heirs of late Sri Talla Bal Reddy,
    26

    and their father is being the only son of Sri Talla Baganna @

    Bagi Reddy, who was the registered protected tenant holder

    under the A.P.(Telangana Area) Tenancy and Agriculture

    Lands Act, 1950.

    23. The 1st respondent passed the impugned order on

    16.01.2010 by observing as follows :-

    “As such, in the light of findings given in the
    above points, it is held the respective Hon’ble Courts i.e.
    from Civil Court, Ranga Reddy District to Supreme Court of
    India, it has been established that the said lands are not
    Endowed lands and the Endowment Department has
    nothing to do with the lands under the subject matter and
    also declared that the Tenants can approach the
    appropriate Revenue Authorities for redressal of their
    grievances to protect their Protected Tenancy Rights.

    The said observations were given in the following
    Judgments / Orders/Decrees the operation portion of
    which are shown as hereunder.

    1. The Decree of Hon’ble Additional Sub-Judge, R.R.District
    dated 19-1-1993 in O.S.No. 193/1983.

    a) Issue No.1:- “considering the plaintiffs version I hold that
    the plaintiffs are the share holders in the suit land”.

    27

    b) Issue No.2:- “It is held that the suit properties are not the
    Endowed properties”.

    c) Issue No. 4:- “I hold that the unit lands are not endowed
    with Sri Ramalingeswara Swamy Temple, Bommraspet,
    Medchal Taluk”.

    d) Additional issue No.6 : Since the suit is being dismissed
    and since it is held that the suit lands are not the endowed
    lands, there is no need to give any finding on this issue. If
    at all the plaintiff wants to get any corrections the record of
    rights, they can do so by approaching the concerned
    authorities with this Judgment.

    2. The order of Hon’ble High Court, AP. dated 16-11-1999
    in CRP No 3531/1998 :

    “It therefore follows that the revision is without any merit
    and it is liable to be dismissed. This will not however
    preclude the petition from agitating his rights as protected
    Tenant before the appropriate forum in accordance with
    law.”

    3. The order of Hon’ble High Court of AP in Appeal Suit
    No.179/1994, dated 28.04.2008 :

    “In the light of submission made by the Government
    Pleader for appeals, the Appeal is dismissed as the
    appellants not interested to contest the matter as per the
    28

    letter given by the Assistant Commissioner of Endowments
    dated 24-4-2008 addressed to Government Pleader for
    appeals”

    4. The order of Hon’ble Supreme Court of India dated 13-9-
    2004 Appeal No.6088/1999. “Dismissal of this appeal
    does not come in the way of appellant agitating his rights
    as protected Tenant before the appropriate Forum. It is
    needless to say so that as in the impugned order, the High
    Court has already stated so”

    In the above circumstances, I do not hesitate to
    come to a conclusion that the lands under subject matter
    covered by the Protected Tenants are unauthorisedly
    occupied by the Respondents 4 & 5 and illegally got the
    lands transferred in their favour which attracts the
    provisions of Sec.98 of the A.P. (Telangana Area) Tenancy
    & Agricultural Act, 1950. The Tahsildar, Shameerpet shall
    act upon accordingly.

    Therefore, the Tahsildar, Shameerpet Mandal is hereby
    directed to take necessary action under the provisions of
    A.P.Rights in Land and Pattadar Pass Books Act, 1971 in
    respect of lands under subject matter.

    The Revision petition is hereby allowed accordingly”.

    24. A perusal of the above impugned order discloses that,

    although the unofficial respondents may not have succeeded
    29

    in the cases, their rights were never denied, and they were

    directed to approach the appropriate forum. Insofar as the

    petitioners are concerned, none of the orders passed in those

    cases support their contentions. Moreover, it has been

    specifically observed that the suit lands are not endowed

    lands. The observations made by all the courts are sufficient

    to demonstrate that the petitioners have no substantial

    ground to pursue their case. However, it was only pursuant to

    the directions of the respondent authorities, that the

    unofficial respondents approached the 1st respondent and

    filed a revision under Section 9 of the A.P. Rights in Land and

    Pattadar Pass Books Act, 1971, seeking correction of the

    revenue records.

    25. As per the letter dated 24.04.2008 addressed by the

    Assistant Commissioner of Endowments to the Government

    Pleader for Appeals, it was stated that the appellants were not

    interested in contesting the matter. Consequently, A.S.No.179

    of 1994 was dismissed on 28.04.2008. In view of this stand

    taken by the Assistant Commissioner of Endowments, namely

    that the appellants had no interest in pursuing the matter
    30

    and that there was no scope to litigate regarding the temple

    lands.

    26. In the said circumstances, the contention of the

    unofficial respondents that they are the legal heirs of late Sri

    Thalla Baganna alias Bagi Reddy, S/o late Sri Bal Reddy, who

    was the registered protected tenant under the A.P. (Telangana

    Area) Tenancy and Agricultural Lands Act, 1950, in respect of

    land admeasuring Ac.159.18 guntas, classified as dry and

    patta land in nature, that the Permanent Register of 1950

    (Protected Tenancy Register) pertaining to the above-

    mentioned survey numbers records Sri Ramraj Lakshmi

    Narasimha Rao as the pattadar, while the name of Thalla

    Baganna alias Bagi Reddy was recorded as the protected

    tenant, further, the pahanies from the year 1954-55 onwards

    reveal that the protected tenant and his legal heirs have been

    continuously in possession and enjoyment of the subject

    lands without interruption from any person; however, in the

    year 1980, the name of Sri Ramalingeswara Swamy Temple

    came to be recorded as the pattadar in the relevant column of

    the pahanies; it is not known under what proceedings or
    31

    authority the name of Sri Ramalingeswara Swamy Temple

    was entered in the pattadar column when the lands in

    question are private lands and do not belong to the temple.

    There is no record available to establish that Sri

    Ramalingeswara Swamy Temple was the pattadar of the

    subject lands, and the relevant pahanies clearly establish

    these facts, which cannot be denied.

    27. At the same time, in both writ petitions, the petitioners

    have not filed even a single document to substantiate their

    claim that the subject land is an endowment property. Their

    repeated contention that the unofficial respondents have not

    succeeded before any court cannot, by itself, be a ground to

    reject the respondents’ claims in the present cases. It is true

    that the unofficial respondents did not obtain positive orders

    from the courts; however, at no stage were their rights were

    conclusively negatived. On the contrary, from the Civil Court

    up to the Hon’ble Supreme Court, opportunities were granted

    to the unofficial respondents to approach the appropriate

    forum and establish their protected tenancy rights. Therefore,
    32

    the contention of the petitioners cannot be accepted or given

    due weight in the present proceedings.

    28. In the instant case, Sri Talla Bal Reddy, R/o.

    Bomraspet village has filed an application stating that his

    father Sri Talla Bagi Reddy is the protected tenant over

    Sy.Nos.165, 171, 301, 307, 302, 168, 312, 318 and 320 of

    Bomraspet village of Shameerpet Mandal, who has expired

    and he is the only son of the deceased protected tenant and

    requested for grant of Succession U/s.40 of the Andhra

    Pradesh (Telangana Area) Tenancy & Agricultural Lands Act,

    1950.

    29. The Protected Tenancy Register of Bomraspet

    Village has been verified, and according to the Protected

    Tenancy Register, Sri Talla Bagi Reddy is the Protected

    Tenant over Sy.Nos.165, 171, 301, 307, 302, 168, 312, 318

    and 320 of Bomraspet Village.

    30. As prescribed under the rules, a General

    Notification has been issued on 24.02.2001 calling objections,

    if any, from the public within (15) days from the date of
    33

    notification, i.e., from 24.02.2001, a copy of which has also

    been affixed on the notice board of the Gram Panchayat,

    Bomraspet village, and no objections have been received.

    Accordingly, the Succession of Protected Tenancy was granted

    in favour of late Sri Talla Bal Reddy, S/o. late Sri Talla Bagi

    Reddy.

    31. If the petitioners really, have any legal right, they

    would have responded to the said Notification. But, the

    petitioners have not filed any objections. Therefore, the

    Mandal Revenue Officer, Shamirpet Mandal, R.R.District,

    after verifying the relevant proceedings, issued the Succession

    of Protected Tenancy was granted in favour of late Sri Talla

    Bal Reddy, S/o. late Sri Talla Bagi Reddy.

    32. Learned counsel appearing for the petitioners relied

    upon the judgment of the Apex Court in VALLABHDAS

    PALLOD (DIED) AND OTHERS Vs. NAGAR PANCHAYAT
    34

    (MUNICIPAL COUNCIL), ZAHEERABAD 1, wherein the Hon’ble

    Apex Court held as follows :-

    “21. Section 9 of the Pattadar Pass Books Act, 1971
    confers power upon the Joint Collector that he may either
    suo motu or on an application made to him, call for and
    examine the record of any recording authority, Mandal
    Revenue Officer, or Revenue Divisional Officer, in respect
    of any record of rights prepared or maintained to satisfy
    himself as to the regularity, correctness, legality and
    propriety of any decision taken, or order passed or
    proceedings made by the said authorities. It is true that
    there is no period of limitation, as such, prescribed for
    exercising revisional power.”

    33. In the case at hand, the unofficial respondents have

    approached before the 1st respondent under the above

    provisions only and the 1st respondent passed the final order

    after conducting thorough enquiry and after going through

    the different court orders. Hence, the above judgment would

    not support the case of the petitioners.

    34. Learned counsel appearing for the petitioners also

    relied upon the judgment of the High Court of Andhra

    1
    (2009) 4 ALD 129
    35

    Pradesh in PINDI JAGGAYYA ALIAS JAGGARAO Vs. DEITY

    OF SEETHARAMASWAMY VARU 2 regarding the endowment

    properties, wherein the High Court of Andhra Pradesh held as

    follows :-

    “Validity of Endowment: Under Hindu Law an endowment
    is a dedication of property for a charitable or a religious
    purpose. The two requirements are: (i) The purpose must
    be specific and (ii) the property must be set apart for the
    said purpose. No writing is necessary to create an
    endowment except where the endowment is created by a
    will. Accordingly a dedication of land for an idol or a
    temple is not a gift within the meaning of Secs. 122 & 123
    of the Transfer of Property Act and those provisions have
    no application. as it is not a transfer of property from one
    living person to another living person within the meaning
    of Sec. 5 of the said Act though an idol is a juristic person
    capable of holding property. Similarly no trust as
    contemplated under Sec. 3 of the Indian Trusts Act II of
    1882 is necessary to constitute an endowment as the said
    Act does not apply to public or private religious or
    charitable endowments. The rule of perpetuity also has no
    application and the endowment is an exception as per Sec.
    18
    of the Transfer of Property Act and Sec. 114 of Indian
    Succession Act.”

    2

    APLJ-1986-2-242
    36

    35. The above judgment relates to the suit for partition

    between the private parties and temple lands. But, in the

    present case, it is not at all a partition suit, and moreover, the

    subject lands are protected tenancy lands of the unofficial

    respondents. More so, no court has observed that the land in

    question is endowment land. Therefore, the said case is not

    helpful to the petitioners.

    36. The petitioners referred to several judgments which are

    in a different context, and moreover, the petitioners filed two

    writ petitions with two different persons relating to the Temple

    and in the first writ petition they could not get any interim

    order and in the second writ petition, they got an interim

    direction and that itself shows the unfairness of the

    petitioners.

    37. Learned counsel appearing for the respondents relied

    upon the judgment of the Hon’ble Apex Court in KASU

    RAYAPA REDDY Vs. STATE OF A.P. 3, regarding interference

    3
    2021 SCC Online AP 1902
    37

    of the quasi judicial authorities’ orders, wherein the Apex

    Court held as follows :-

    42. In view of these principles referred in the above
    judgments, normally, the writ courts would not interfere
    with the administrative order, unless the procedure
    followed, by quasi-judicial authorities or administrative
    authorities lack jurisdiction and decision is perverse. But,
    in the present case, the fourth respondent/Tahsildar did
    not follow the mandatory procedure, as discussed above
    and thereby, the second respondent/Joint Collector
    interfered. But, the defect or wrong done cannot be
    remedied by allowing the revision, directing to delete the
    names of this petitioner, since the principle of natural
    justice was not complied by the fourth
    respondent/Tahsildar. If, a notice in Form-VIll IS
    published, there may be several claims or objections
    against mutation of the name of this petitioner. On account
    of failure to comply with the mandatory procedure by the
    fourth respondent/Tahsildar, setting aside the same by
    the second respondent on the ground of noncompliance of
    procedure may result in future litigation. Therefore, in such
    case, the second respondent ought to have set-aside the
    order and remanded the matter to the fourth respondent
    directing to follow the procedure prescribed under the Act
    and Rules framed thereunder. Instead of doing so, the
    second respondent allowed the revision, setting-aside the
    order passed by the fourth respondent and affirmed by the
    third respondent. Therefore, the procedure adopted by the
    38

    second respondent to issue a direction to delete the name
    of this petitioner while mutating the names of rival
    claimants is again contrary to the procedure, since Form-

    VIll notice was not published as mandated under Rule
    19(1) of the Rules to avoid any further complications, the
    second respondent ought to have remanded the matter
    with a direction to follow the Rules by the fourth
    respondent/Tahsildar. Thus, the second respondent/Joint
    Collector committed an error and in such case, this Court
    can interfere with such order with a view to put an end to
    litigation for mutation of names of the petitioner and rival
    claimants and other interested persons.

    38. Regarding the above mentioned para, the 1st

    respondent in the instant case thoroughly examined the

    arguments of both the parties and followed all the Rules and

    Regulations contemplated under the law and passed the

    impugned order. Therefore, the above referred case law would

    support the case of the unofficial respondents.

    39. In view of the foregoing discussions and as per the

    material available on record, this Court is of the considered

    view that W.P.No.8506 of 2010 (first writ petition) is filed on

    15.04.2010 and W.P.No.9724 of 2010 (second writ petition) is

    filed on 23.04.2010 challenging the same impugned order
    39

    dated 16.01.2010. When the first writ petition was filed, this

    Court did not grant any interim order. However, this Court

    granted interim order in the second writ petition on

    27.04.2010. By relying upon the said interim order in the

    second writ petition, the petitioner obtained a similar interim

    order in the first writ petition. The petitioners have

    suppressed the fact that Ramalingeswara Swamy Temple had

    filed first writ petition earlier than the filing of second writ

    petition, which amounts to res judicata. On this ground

    alone, the writ petition is liable to be dismissed.

    40. Moreover, no Court has declined the contention of the

    unofficial respondents and the Courts only directed to

    approach appropriate forum. Further, the Civil Court in

    O.S.No.193 of 1983 held that the lands in question are not

    Temple lands. Aggrieved thereby, the 2nd petitioner filed

    A.S.No.179 of 1994 and the same was dismissed on

    28.04.2008, as the petitioners herein have not contested the

    said appeal and the said finding has attained finality. In the

    year 1980, the name of Sri Ramalingeswara Swamy Temple

    was erroneously recorded as a pattadar in the relevant
    40

    column of pahanies, though the subject lands are private

    lands and do not belong to any Temple.

    41. Therefore, this Court is of the considered view that the

    1st respondent has rightly passed the impugned order and the

    same needs no interference by this Court.

    42. Accordingly, the writ petitions are dismissed by

    confirming the order passed by the 1st respondent in Case

    No.D5/7280/2008, dated 06.01.2010. No costs.

    As a sequel, miscellaneous applications pending, if

    any, shall stand closed.

    _____________________________________
    NAMAVARAPU RAJESHWAR RAO, J
    Date: 30.06.2026
    Prv



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here