VARAHA LAXMI NARASIMHA SWAMI VARI DEVASTHANAM Vs. S.V. NARASIMHAM
LAWS(SC)-2009-2-255
SUPREME COURT OF INDIA (FROM: ANDHRA PRADESH)
Decided on February 27,2009

Varaha Laxmi Narasimha Swami Vari Devasthanam Appellant
VERSUS
S.V. Narasimham Respondents

JUDGEMENT

- (1.) Leave granted. Heard learned counsel for the appellant and the respondent by consent. By order dated 25-5- 1989, the Mandal Revenue Officer held that 2576.57 acres of land, including the land which is the subject-matter of the present dispute, belonged to the appellant Devasthanam. In pursuance of it, the Mandal Revenue Officer also granted a patta to the Devasthanam on 18-5- 1996.
(2.) The first respondent filed Writ Petition No. 18559 of 1997 before the A.P. High Court for a declaration that the proceedings under which the lands in question (5 acres 98 cents in Survey No. 318 Part and 6 acres 50 cents in Survey No. 295-A) in Adavivaram Village were declared to belong to the appellant and grant of patta therefor under the A.P. (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956 were void and for consequential declaration that he alone is entitled to possession and enjoyment of the said lands to the exclusion of the State and the appellant.
(3.) The learned Single Judge allowed the said writ petition by order dated 3-1-2002 and quashed the proceedings and the patta registered in favour of the appellant in regard to the disputed lands on the ground that they were made behind the back of the first respondent in violation of principles of natural justice and therefore, the order registering the patta will not bind the first respondent insofar as the disputed lands are concerned. The said order has been affirmed in an intra-Court appeal filed by the appellant.;


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