APHC010325752021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] MONDAY, THE FOURTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 19704 OF 2021 Between: 1. DANDU SUNDARA RAMARAJU,, S/O. LATE NARAYANA MURTHY RAJU, AGED ABOUT 61 YEARS, R/O FT. G5, FLR, B BLOCK, SRI KRISHNA SAI ISHA LEGEND, SRINIVASA NAGAR COLONY, OPP SRI MATA NALLAPOCHAMMA TEMPLE NIZAMPET, KB RANGA REDDY, TELANGANA - 500 090 2. BUDDALA SATYA KRISHNA MOHAN, , S/O. LATE SATYANARAYANA, AGED 49 YEARS, R/O. DR. NO. 54-12-66, BHANU NAGAR, NEAR V.S. KRISHNA COLLEGE, VISAKHAPATNAM - 530 022 3. JAGARLAMUDI SANJEEV ROY MOHAN, , S/O. J. NAGESWARA RAO, AGED 50 YEARS, R/O. DR. NO. 2-14-1, PLOT NO. MIG-1-31, SECTOR 6, MVP COLONY, VISAKHAPATNAM - 530 017 ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, , REP BY ITS PRINCIPAL SECRETARY, REVENUE (ENDOWMENTS) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER, ENDOWMENTS DEPARTMENT, GOLLAPUDI, VIJAYAWADA, KRISHNA DISTRICT. 3. THE ASSISTANT COMMISSIONER, ENDOWMENTS DEPARTMENT, VISAKHAPATNAM 2 4. SRI LAKSHMI NARASIMHA SWAMY TEMPLE, , BHEEMUNIPATNAM, VISAKHAPTANM, REPRESENTED BY ITS EXECUTIVE OFFICER. 5. THE STATE OF ANDHRA PRADESH, , REP. BY ITS PRINCIPAL SECRETARY, STAMPS AND REGISTRATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 6. THE DISTRICT REGISTRAR OF ASSURANCE, REGISTRATION AND STAMPS DEPARTMENT, NEAR OLD POST OFFICE, VISAKHAPATNAM 7. THE JOINT SUB REGISTRAR, BHEEMUNIPATNAM, VISAKAHATPNAM ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a writ order or direction more particularly, one in the nature of Writ of Mandamus declaring the endorsement dt. 06-02-2021 keeping the document pending in respect of the property admeasuring 500 Sq. yards or 420 Sq. metres in T S NO. 1147 of Bheemunipatnam Town situated at Western side of Golla Veedhi, Block No. 14 Ward No. 21 of Bheemunipatnam, Visakhapatnam vide Doc. No. P135/2021 on the file of the 7th respondent indicating that the Executive Officer of the 4th respondent made a representation on 27-01-2021 stating that still the entire property belongs to Sri Lakshmi Narasimha Swamy Temple , Bheemunipatnam and action will be initiated soon after clarification from the Endowment Department as bad, illegal, arbitrary, without Jurisdiction and contrary to the rules and violative of Article 14,21 and 300-A and consequently set aside the same and direct the respondents to release the Document No.P135/2021 Dt. 06-02-2021 and grant such other relief or relief's as this Hon'ble Court may deem fit and proper in the circumstances of the case and in the interest of justice. IA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the 7th respondent to process and release the Document Doc. No. P135/2021 Dt. 06-02-2021 in respect of the property admeasuring 500 Sq.yards or 420 Sq. metres in TS No. 1147 part of Bheemunipatnam Town, Visakhapatnam District by suspending the letter of the 4th respondent , dt. 25-01-2021, pending disposal of the writ petition and pass such 3 IA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Pleased to grant leave to permit to receive the counter filed the 2nd Respondent by allowing the leave petition and pass Counsel for the Petitioner(S): 1. V S K RAMA RAO Counsel for the Respondent(S): 1. GP FOR REGISTRATION AND STAMPS (AP) 2. GP FOR ENDOWMENTS 3. The Court made the following order: Heard Sri V.S.K.Rama Rao, learned counsel for the petitioners, learned Assistant Government Pleader for Endowments appearing for respondent Nos.1 to 3, Sri Ch.Srinivas, learned Standing Counsel appearing for respondent No.4 and Smt. Kotharu Vijayeswari, learned Assistant Government Pleader for Stamps and Registration appearing for respondent Nos.5 to 7. 2. The challenge in the instant writ petition is to the endorsement dated 06.02.2021, in refusing to process the sale deed submitted by the petitioners in respect of a piece of land admeasuring 500 square yards (420 square metres) in T.S.No.1147 of Bheemunipatnam Town, situated at the western side of Golla Veedhi, Block No.14, Ward No.21, Bheemunipatnam, Visakhapatnam. 4 3. It is contended that the 7th respondent, vide the impugned proceedings, has kept the document pending for registration vide No.P135/2021 on the ground that the Executive Officer of the 4th respondent has issued a letter stating that the subject property belongs to the temple. 4. In this regard, learned counsel for the petitioners refers to the proceedings of the Commissioner of Endowments dated 13.05.2019 addressed to the District Registrar of Assurance, Registration and Stamps Department, wherein a reference was made to the petitioners application for issuance of No Objection Certificate (NOC) for transfer of the subject property. 5. In pursuance thereof, the report was called for from the Assistant Commissioner, Endowments, who stated that there are no records showing that the subject property was endowed to the 4th respondent-temple by one late Sri N.Satyanarayana Das. The Commissioner, Endowments also sought a report from the District Collector, who stated that there is no requirement to conducting enquiry as there are no records showing that the subject property belonged to late Sri N.Satyanarayana Das, who is alleged to have endowed the property. 6. It is further stated by the Commissioner that, as per the town survey records, the property was in the name of Sri Jaganadha Jogi, and after his demise, his wife and daughters sold the property to 3rd parties. 7. In view of the same, the District Collector requested deletion of an extent of 500 square yards in T.S.No.1147 from the prohibited property list 5 and granted liberty to the Assistant Commissioner of Endowments to file an appropriate application before the Endowments Tribunal, if it still claims any right over the subject property. 8. Having regard to the above, learned counsel for the petitioners contends that the Sub-Registrar is not justified in keeping the document pending and ought to have processed the document and released the same in favour of the vendees. 9. The 2nd respondent filed counter-affidavit stating that the claim made by the Executive Officer of the 4th respondent-Temple is incorrect, and it is stated that the subject property does not belong to the Temple. It is further stated that, as per the register maintained under Section 38 of The Madras Hindu Religious Endowments Act, 1926, as approved under Section 43 of The Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, the subject property does not part of the list of properties of the Temple. 10. In light of the said categorical statement made by the Commissioner, the property cannot be said to be belonging to the Temple, and therefore, the Sub-Registrar should immediately process and release the document. 11. Sri Ch.Srinivas, learned Standing Counsel appearing for respondent No.4, would contend that the entire property was bequeathed through a will executed by late Sri N.Satyanarayana Das in favour of the deity. 6 12. Having regard to the above contentions, in the light of the statement made in the counter-affidavit that the subject property never belonged to the Temple, this Court deems it appropriate to dispose of the writ petition by directing the 7th respondent to complete the registration formalities in respect of the subject sale deed bearing No.P135/2021 dated 06.02.2021, executed by the 1st respondent in favour of petitioner Nos.2 and 3, and to release the same in favour of the petitioners as expeditiously as possible, preferably within a period of eight weeks from the date of receipt of a copy of this order. 13. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 04.05.2026 BSK 7 139 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 19704 OF 2021 Date: 04.05.2026 BSK