High CourtsSingle Bench(2004) 06 AP CK 0034

G. Meena Sankara Rao vs The Principal Secretary to Government, Revenue Department, Endowments and The Executive Officer, Sri Bhavji Mutt, Sri Bhavaji Mutt

Andhra Pradesh High Court · Decided on 22 June 2004

HON’BLE JUDGES
A. Gopal Reddy, J
CASE NUMBER
Writ Petition No. 8889 of 2003

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Judgment

3 paragraphs · 207 words

A. Gopal Reddy, J.—This writ petition is filed for issuance of a Writ of Mandamus declaring that the Rule 5(1) of Andhra Pradesh Charitable and Hindu Religious Institutions and Endowment Lease of Agriculture Land Rules, 2003 is invalid, inoperative and contrary to Section 83 of the Act and consequently set aside the impugned notice issued by the respondents in Notice No.6/2003, dated 12-4-2003.

2.

Pursuant to the notice, the petitioner can submit his explanation/representation to the Assistant Commissioner of Endowments claiming benefit from Rule 5(1) Andhra Pradesh Charitable and Hindu Religious Institutions and Endowment Lease of Agriculture Land Rules, 2003 for purchase of lands u/s 82(2) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act 1987. On such application being made within a period of 30 days, the Assistant Commissioner shall consider the same and pass appropriate orders. Till such determination is made by the Assistant Commissioner, on paying the market rent to the lands, which are in his occupation, the petitioner should not be evicted from the said property. If the petitioner fails to pay the market rent, it is open for the respondents to proceed with the impugned notice for eviction of the petitioner.

3.

The Writ Petition is accordingly disposed of.