Case Note & Summary
The writ petition under Article 226 of the Constitution of India was filed by Sri Palanati Veerula Devasthanam, represented by its Executive Officer, against the State of Andhra Pradesh, the Capital Region Development Authority (CRDA) and its officials, two private archakas, and registration authorities. The temple claimed that an extent of Ac.6.44 cents in Survey No.161 of Thulluru Village, Guntur District was gifted by donors for the purpose of performing pooja to the deity and maintenance of the Devastanam. This fact was recorded in the RSR in Column No.14, Patta No.66, and the land was registered under Board Order No.1990 dated 18.04.1950 under Section 38 of the Hindu Religious Act, 1927 (Madras Act 2 of 1927). On 12.07.1960, the then Manager acknowledged that archakas were cultivating the inam land and rendering hereditary priestly duties, but it was recorded that no working inams were provided according to the Temple Register. On 12.11.1987, the Devastanam was duly registered under the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987. After the bifurcation of Andhra Pradesh, Amaravati was notified as the capital, and the Andhra Pradesh Capital Region Development Authority Act, 2014 was enacted, leading to the implementation of Land Pooling Schemes. G.O.Ms. No.330 dated 11.10.2018 provided for compensation to religious institutions under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The Executive Officer of the temple submitted Form 9.3 and a letter dated 20.11.2018 seeking allotment of plots and payment of annuity. The Assistant Commissioner, Endowment Department, endorsed the same by letter dated 07.12.2018. On 28.01.2025, the Special Deputy Collector and Competent Authority issued proceedings stating that Form-9.14 should be issued in favour of one archaka and that compensation of Rs.1,63,57,600 was to be paid to the Endowment Department. The Executive Officer submitted a representation on 12.03.2025 requesting registration of lands/plots in the name of the Devastanam and inclusion in the Land Pooling Scheme. However, the CRDA registered the lands/plots in the name of the archakas and justified the registration by relying on G.O.Ms. No.330 dated 11.10.2018 vide proceedings dated 15.03.2025. The petitioner sought a writ of mandamus declaring the action of respondents 1 to 5 as illegal, arbitrary, and unconstitutional, and declaring 21 registrations executed in favour of respondents 6 and 7 as null and void. It also sought cancellation of those registrations, restoration of entries in favour of the temple, restraint from further alienation, and a direction to CRDA to consider the representation dated 12.03.2025. Interim applications were filed under Section 151 CPC for suspension of registrations and for impleadment of the Sub-Registrar, District Registrar, and another Sub-Registrar. By order dated 21.07.2025 in I.A.No.02 of 2025, respondents 8 to 10 were impleaded. The judgment was reserved on 22.07.2025 and pronounced on 29.01.2026. The available text ends after the heading 'CONTENTIONS OF THE LD. COUNSEL FOR THE RESPONDENTS' and does not contain the court's analysis, reasoning, or final operative order.
Headnote
A) Constitutional Law - Judicial Review under Article 226 - Writ of Mandamus - Constitution of India, 1950, Articles 14, 226, 300A - Writ petition sought a writ of mandamus declaring action of respondents in altering title and registering temple lands in favour of private archakas without notice or due process as illegal, arbitrary, and violative of the AP Charitable and Hindu Religious Institutions and Endowments Act, 1987 and Articles 14 and 300A. The court heard counsel but the available text does not record a final determination (Paras 2-5).
B) Endowments and Religious Institutions - Temple Property Protection - Restriction on Alienation - Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, Sections 17, 28, 29, 34, 38, 80, 82 - Petitioner alleged that temple land admeasuring Ac 6.44 cents in Survey No.161 Tulluru was gifted to deity and registered under Section 38 of Madras Hindu Religious Act 1927; subsequent registration by CRDA in favour of archakas was without sanction and contrary to statutory protection of endowed property. Relief sought declaration that registrations are null and void and restoration of entries. No final decision in available text (Paras 2-5).
C) Land Acquisition and Development - Land Pooling Scheme - Compensation and Allotment to Religious Institutions - Andhra Pradesh Capital Region Development Authority Act, 2014; Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - G.O.Ms. No.330 dated 11.10.2018 provided for payment of compensation to religious institutions and allotment of plots under Land Pooling Scheme. Petitioner claimed entitlement as rightful owner and sought direction to consider representation dated 12.03.2025. CRDA proceedings dated 28.01.2025 and 15.03.2025 were challenged. No final decision in available text (Paras 4-5).
D) Civil Procedure - Interim Relief and Impleadment - Section 151 Code of Civil Procedure, 1908 - Interim applications sought suspension of registrations and restraint on alienation, and impleadment of Sub-Registrar and District Registrar. Respondents 8-10 were impleaded by court order dated 21.07.2025 in I.A.No.02 of 2025. No final order on interim relief in available text (Para 6).
Issue of Consideration
Whether the unilateral alteration of title and registration of temple lands admeasuring Ac.6.44 cents in Survey No.161 of Thulluru Village in favour of private archakas by CRDA authorities without notice, enquiry, or due process was illegal, arbitrary, unconstitutional, and violative of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, particularly Sections 17, 28, 29, 34, 38, 80, and 82, and Articles 14 and 300A of the Constitution of India; whether the 21 registrations executed in favour of respondents 6 and 7 were null and void; and whether the petitioner temple was entitled to restoration of entries and consideration of its representation for allotment of plots and lease benefits under the Land Pooling Scheme.
Law Points
- Writ of Mandamus under Article 226 for violation of statutory provisions and fundamental rights
- Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act
- 1987 Sections 17
- 28
- 29
- 34
- 38
- 80
- 82
- Article 14 and Article 300A of Constitution of India
- Section 38 of Madras Hindu Religious Act 1927
- Land Pooling Scheme under Andhra Pradesh Capital Region Development Authority Act 2014
- G.O.Ms. No.330 dated 11.10.2018
- interim relief under Section 151 CPC
Case Details
2026 LawText (AP) (01) 14
WRIT PETITION NO: 17325 OF 2025
Gannamaneni Ramakrishna Prasad
Kappera Koteswara Rao, Javvaji Sarath Chandra, S. Pranathi, GP for Revenue
Sri Palanati Veerula Devasthanam, Rep. by its Executive Officer, Namani Gopi
The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department; The Commissioner, Capital Region Development Authority; The Deputy Collector and Competent Authority, CRDA; The Tahsildar, CRDA; The Deputy Tahsildar, CRDA; Indurthi Narasimharao; Indurthi Peda Narasimharao; The Sub Registrar, Mangalagiri; The District Registrar, Guntur; The Sub Registrar, Thulluru
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Nature of Litigation
Writ petition under Article 226 of Constitution of India challenging unilateral alteration of title and registration of temple lands in favor of private archakas by CRDA authorities without due process.
Remedy Sought
Petitioner temple sought writ of mandamus to declare action of respondents 1-5 illegal; declare 21 registrations null and void; cancel registrations and restore entries to temple; restrain further alienation; direct CRDA to consider representation dated 12.03.2025 for allotment of plots and lease benefits.
Filing Reason
CRDA registered temple lands admeasuring Ac.6.44 cents in Survey No.161 of Thulluru Village in favor of respondent 6 and 7 (archakas) despite petitioner temple's claim of ownership and pending representation, without notice or due process.
Previous Decisions
Registrations bearing Document Nos. 6602/2025, 6581/2025, 6601/2025, 6600/2025, 6593/2025, 6594/2025, 6597/2025, 6592/2025, 6603/2025, 6589/2025, 6590/2025, 6586/2025, 6595/2025, 6584/2025, 6587/2025, 6582/2025, 6598/2025, 6583/2025, 6588/2025, 6596/2025, and 6599/2025 executed in favour of respondents 6 and 7; proceedings dated 28.01.2025 by Special Deputy Collector stating Form-9.14 to be issued and compensation Rs.1,63,57,600/- to Endowment Department; CRDA vide proceedings dated 15.03.2025 justified registration relying on G.O.Ms. No.330 dated 11.10.2018. Interim applications IA 1/2025 and IA 2/2025 filed; respondents 8-10 impleaded by court order dated 21.07.2025.
Issues
Whether the unilateral alteration of title and registration of temple lands by CRDA authorities without notice, enquiry, or due process violated the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, particularly Sections 17, 28, 29, 34, 38, 80, and 82, and Articles 14 and 300A of the Constitution of India.
Whether the 21 registrations executed in favour of respondents 6 and 7 were null, void, inoperative, and without legal authority.
Whether the petitioner temple was entitled to cancellation of registrations and restoration of revenue and registration entries in its favour.
Whether CRDA was required to consider the petitioner's representation dated 12.03.2025 for allotment of plots and lease benefits under the Land Pooling Scheme.
Submissions/Arguments
Counsel for petitioner contended that the subject land was gifted to the deity and registered under Section 38 of the Madras Hindu Religious Act, 1927, and that the Devastanam was duly registered under the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, making it the rightful owner of the land.
Petitioner contended that the CRDA illegally registered the land in favour of the archakas without notice or due process, in violation of Sections 17, 28, 29, 34, 38, 80 and 82 of the 1987 Act and Articles 14 and 300A of the Constitution, and despite the petitioner's representation dated 12.03.2025, the CRDA justified the registration by relying on G.O.Ms. No.330 dated 11.10.2018.
Judgment Excerpts
The facts as projected by the Writ Petitioner herein are that Sri Palnati Veerulu Devasthanam was founded and an extent of Ac.6.44 cents in Survey No.161, Tulluru Village and Mandal, Guntur District was gifted by the doners for the purpose of performing pooja to the Deity and maintenance of Devastanam.
Issue a Writ of Mandamus or any other appropriate Writ, Order or Direction declaring the action of the Respondents 1 to 5, particularly the 2nd to 4th respondents, in unilaterally altering the title and registering the temple lands admeasuring Ac.6.44 cents in Survey No.161 of Thulluru Village and Mandal, Guntur District, in favour of the 6th and 7th respondents (private Individuals/archakas), without notice, enquiry, or due process, as illegal, arbitrary, unconstitutional.
in utter disregard to the demand of the Writ Petitioner herein, the CRDA has registered the lands /plots in the name of Archakas and justified the registration by relying on G.O.Ms. No.330 Municipal Administration & Urban Development (CRDA.2) Department, dated 11.10.2018 vide Proceedings dated 15.03.2025.
Procedural History
The subject land was gifted to the deity and recorded in RSR under Patta No.66; it was registered under Board Order No.1990 dated 18.04.1950 under Section 38 of the Hindu Religious Act, 1927. On 12.07.1960, the Manager acknowledged archakas' cultivation and priestly duties, and Form-VIII Pattas were obtained. On 29.03.1977, the Managing trustee applied for registration of the temple, and the Assistant Commissioner certified the particulars. On 12.11.1987, the Devastanam was registered under the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987. After enactment of the Andhra Pradesh Capital Region Development Authority Act, 2014, G.O.Ms. No.330 dated 11.10.2018 provided for compensation to religious institutions under the Land Pooling Scheme. On 20.11.2018, the Executive Officer submitted Form 9.3 and a letter seeking allotment and annuity; the Assistant Commissioner endorsed the same by letter dated 07.12.2018. On 28.01.2025, the Special Deputy Collector issued proceedings stating Form-9.14 to be issued in favour of one archaka and compensation of Rs.1,63,57,600 to be paid to the Endowment Department. Petitioner submitted a representation on 12.03.2025. CRDA registered the lands in favour of archakas and justified it by proceedings dated 15.03.2025. Writ Petition No.17325 of 2025 was filed. By order dated 21.07.2025 in I.A.No.02 of 2025, respondents 8 to 10 were impleaded. Judgment was reserved on 22.07.2025 and pronounced on 29.01.2026; the available text ends without the final operative order.
Acts & Sections
- Constitution of India, 1950: Article 14, Article 300A, Article 226
- Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987: Sections 17, 28, 29, 34, 38, 80, 82
- Hindu Religious Act, 1927 (Madras Act 2 of 1927): Section 38
- Andhra Pradesh Capital Region Development Authority Act, 2014:
- Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013:
- Code of Civil Procedure, 1908: Section 151
