File cases against temple squatters: HC to Andhra govt

  • | Saturday | 12th January, 2019

The MRO’s action in keeping the temple in the dark, without even notifying it when its properties are being claimed by individuals, is incorrect. “Take necessary steps to nullify various documents that have been created to claim title and possession by invoking the provisions of the Registration Act and its rules for cancelling sale deeds etc,” he said.“The Registration Act gives you enough power to cancel the deeds even in a unilateral manner. HYDERABAD: Finding fault with the authorities of the Simhachalam temple in Visakhapatnam for not protecting the temple’s land, Justice Challa Kodanda Ram of the Hyderabad high court has directed Andhra Pradesh , its principal secretaries of revenue and endowment departments and the executive officer of Simhachalam temple to list all the temple land, publish a statutory notice under the Endowments Act and start civil and criminal proceedings against squatters.The judge pronounced this order on the last day of the common high court after hearing a few pleas filed by individuals as well as temple authorities. Taking a serious note of the negligent manner in which the temple property was dealt with, the judge directed the authorities to “take all necessary steps to gather, collect and preserve all the records relating to the devasthanam properties, particularly immovable properties, and publish the necessary statutory notices as mandated under the Endowments Act and the Inams Abolition Act.”He also directed the temple and state authorities to take necessary steps to initiate civil and criminal proceedings against individuals and institutions in physical possession of properties belonging to the devasthanam.The judge also directed the authorities not to take a lenient view of the actions of those who resorted to dubious means to grab temple property. These were the authorities, who were supposed to be quasi-judicial authorities, on whom great trust and responsibility with ample powers are conferred supposedly on account of their experience in dealing with matters relating to land under various enactments,” the judge said.The Devasthanam authorities also do not appear to be having any precise knowledge about the vast properties that were endowed to the devasthanam by the erstwhile kings and the method and management in place.“Before parting with the case, with great pain, this court desires to record the anguish over the poor assistance rendered by the temple authorities to enable the court to arrive at truth,” the judge said.

HYDERABAD: Finding fault with the authorities of the Simhachalam temple in Visakhapatnam for not protecting the temple’s land, Justice Challa Kodanda Ram of the Hyderabad high court has directed Andhra Pradesh , its principal secretaries of revenue and endowment departments and the executive officer of Simhachalam temple to list all the temple land, publish a statutory notice under the Endowments Act and start civil and criminal proceedings against squatters.The judge pronounced this order on the last day of the common high court after hearing a few pleas filed by individuals as well as temple authorities. Taking a serious note of the negligent manner in which the temple property was dealt with, the judge directed the authorities to “take all necessary steps to gather, collect and preserve all the records relating to the devasthanam properties, particularly immovable properties, and publish the necessary statutory notices as mandated under the Endowments Act and the Inams Abolition Act.”He also directed the temple and state authorities to take necessary steps to initiate civil and criminal proceedings against individuals and institutions in physical possession of properties belonging to the devasthanam.The judge also directed the authorities not to take a lenient view of the actions of those who resorted to dubious means to grab temple property. “Take necessary steps to nullify various documents that have been created to claim title and possession by invoking the provisions of the Registration Act and its rules for cancelling sale deeds etc,” he said.“The Registration Act gives you enough power to cancel the deeds even in a unilateral manner. Nullify all such dubious titles acquired by unscrupulous elements,” Justice Kodanda Ram said.The negligent officials, who allowed things to come to such a pass, also came in for scathing criticism from Justice Kodanda Ram, who directed the authorities to initiate an enquiry on the civil, criminal and departmental side to identify and fix responsibility on the individual officers aiding and abetting the falsification of documents and enabling unscrupulous elements to deal with the temple properties.“One disturbing factor, which this court found in the proceedings conducted by the MRO, is that no effective objections were filed before the MRO in the inquiry. The MRO’s action in keeping the temple in the dark, without even notifying it when its properties are being claimed by individuals, is incorrect. These were the authorities, who were supposed to be quasi-judicial authorities, on whom great trust and responsibility with ample powers are conferred supposedly on account of their experience in dealing with matters relating to land under various enactments,” the judge said.The Devasthanam authorities also do not appear to be having any precise knowledge about the vast properties that were endowed to the devasthanam by the erstwhile kings and the method and management in place.“Before parting with the case, with great pain, this court desires to record the anguish over the poor assistance rendered by the temple authorities to enable the court to arrive at truth,” the judge said.

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