HC questions urgency to probe Devarayamjal row
The Telangana High Court on Saturday issued notices to the state government and Sri Seetha Ramachandra Swamy temple in Devarayamjal village of Shamirpet mandal, directing them to file their responses to petitions filed in the court with regard to certain parcels of land.
The petitioners had sought a stay on GO No.
1014, through which a committee of four IAS officers had been constituted to decide on the ownership of the lands admeasuring approximately 1,500 acres located in different survey numbers of Devarayamjal.
Justice T. Vinod Kumar, was dealing with a petition filed by Sada Satyanarayana and four of his family members, who had around 58 acres of land in what is being called as ‘temple lands’, urging the court to restrain the authorities from entering their lands and not to evict them.
The court was not inclined to intervene in the appointment of a committee but questioned the government on its exuberance and urgency in constituting the committee and seeking its report within a few days, when the state is caught in the Covid pandemic.
“What has made the government take such an urgent initiative in protecting temple lands at Devarayamjal and that too based on a newspaper report, when there are other prominent temples across the state, whose large acres of land are being encroached,” the judge wanted to know.
Justice Vinod Kumar observed that there was no need for a committee to enquire into encroachment of endowments lands. He contended that the entire state machinery, including district collectors, registration officials, documents and sale deeds pertaining to the lands in question were at the government’s disposal.
● THE PETITIONERS had sought a stay on GO No. 1014, through which a committee of four IAS officers had been constituted to decide on the ownership of the lands admeasuring approximately 1,500 acres located in different survey numbers of Devarayamjal.
The committee could make effective use of these resources rather than going about an inquiry when the pandemic is rampant and is claiming the lives of people.
The court directed the authorities not to interfere with the peaceful possession of petitioners’ lands since it was claimed by the government that this enquiry was mooted only for the purpose of submitting a report. It directed the issue of showcause notices to the petitioners and offering an opportunity to the parties to put forth their contention.
Any person objecting to the proceedings contemplated by the authorities should also be issued a showcause notice, it ruled. The petitioners should be ready with all relevant documents to substantiate their claims, the court said.
Senior counsel Kondam Vivek Reddy, representing the petitioners informed that they are in possession of approximately 55 acres of land since 1943. Though the deputy commissioner, endowments, declared the petitioners as encroachers vide his proceedings dated 27-1-2004, such proceedings have been set aside by the High Court of undivided Andhra Pradesh, which also directed the endowments department to prove its title before the court. He said that this has not been done by the government, till date.
Advocate-General B.S. Prasad submitted that the committee was constituted to conduct a preliminary inquiry in order to get a clearer picture regarding boundary disputes pertaining to the lands. A survey will also be conducted, he pointed out.
In his reaction, Justice Vinod Kumar said, “When the dispute regarding ownership of the lands of the petitioners has been there for several years, how come suddenly the government felt that a probe was needed. Does it not create suspicion among people? In the name of urgency, the government cannot push everything behind and your claim of urgency is not reflected in the GO.”
● ADVOCATE-GENERAL B.S. Prasad submitted that the committee was constituted to conduct a preliminary inquiry in order to get a clearer picture regarding boundary disputes pertaining to the lands. A survey will also be conducted, he pointed out.