Paneppagiri Krishnamurthi, S/o Gantlappa Gowdushabu v. State of Andhra Pradesh rep. by its Principal Secretary, Endowment Department, A. P Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh
2021-12-06
R.RAGHUNANDAN RAO
body2021
DigiLaw.ai
ORDER : 1. The learned Government Pleader for Endowments has produced the register being maintained under Section 43 in relation to the Yellamma Devatha Temple, Jownipalli. This register dated 10.03.1972 shows that an extent of 15.15 Acres of land in Sy. No.1 of Gonumakulapalli village is owned by the temple. 2. Learned counsel for the petitioners submits that the land is very much under the control of Yellamma Devatha Temple, Jownipalli and the villagers of Gonumakulapalli village claiming this land as the property of the Yellama Devatha Temple in Gonumakulapalli village, are seeking to encroach upon the said land and there is every need to protect the said land. 3. Sri N. Bharat Babu appearing for some of the villagers of Bandlapalle, hamlet of Gonumakulapalli village submits that the property is in the possession of the villagers of Bandlapalli and that the income derived from this land is being used for the benefit of the Yellamma Devatha Temple in Gonumakulapalli village. 4. In view of this controversy, the Assistant Commissioner, Chittoor after an enquiry in the matter has sent a communication to the Government Pleader for Endowments in Lr.No. B2/2297/2021 dated 03.09.2021. 5. In this communication, it is stated that there is no Executive Officer appointed to the said temple and as such there is no control of the Department over the land. 6. The report states that eucalyptus trees have been planted in the land in survey No.1 under the Mahatma Gandhi National Rural Employment Scheme about ten years back without prior permission. The income derived from the sale of the above trees for a period of three years has been received in a lump sum amount and deposited in the savings Bank account bearing No. 1139746 of Jownipalli Post Office standing in the name of two villagers belonging to Jownipalli and the same is being utilised for administration of the Yellamma Devata Temple, Jownipalli. It is further stated that at present about Rs.60,000/- is lying in the said account when further harvesting of trees was sought to be done, The villagers of Bandlapalli interfered and sought utilization of the said income for the temple in Gonumakulapalli, A representation to that effect was also given by the villagers of Bandlapalli on 20.07.2021. 7.
It is further stated that at present about Rs.60,000/- is lying in the said account when further harvesting of trees was sought to be done, The villagers of Bandlapalli interfered and sought utilization of the said income for the temple in Gonumakulapalli, A representation to that effect was also given by the villagers of Bandlapalli on 20.07.2021. 7. In the circumstances, since a prima facie case appears to be made out in favour of the land belonging to the Yellamma Devatha in Jownipalli, it would be appropriate to dispose of this Writ Petition with a direction to the Assistant Commissioner, Chittoor to take charge of the said land and deposit it by way of fixed deposit in any nationalized bank till a decision is taken by appropriate Court/Tribunal about the ownership of the said land. 8. For this purpose, it would be open to any of the devotees of said temple to approach the Civil Court or the Endowment Tribunal, as may be permissible according to law, for determination as to the ownership of land and for eviction of such persons, who may be in authorised occupation of such land. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. 9. As a sequel, pending miscellaneous petitions, if any, shall stand closed.